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一事不再理原则在中国民事诉讼法中并未系统性建立,但在实践中却是指导着司法实践的一项重要原则。由于法律规定和理论研究的缺乏,中国在审判中适用一事不再理原则时出现了“一事”标准不统一而出现了重复审理、一案多诉或应当受理而不予受理等情形,既浪费了司法资源,也可能侵害当事人的诉权,因此,统一“一事”确定之标准是十分必要的。
The principle of non bis in idem is not systematically established in China ’s code of civil procedure, but in practice it is an important principle that guides judicial practice. Due to the lack of legal provisions and theoretical studies, when China applied the principle of no longer being in trial, there appeared a situation of repeated trial in which the standard of “one thing” was not unified, multiple actions were taken in cases or should not be accepted. It not only istes the judicial resources but also infringes on the litigants’ rights of litigation. Therefore, it is very necessary to standardize the unification.