Children
Toothbrush
Zhiming LI v. Wuhan Jinchen Industrial Co.,Ltd.
et.al. -
Repetitive Litigation Based on the Principle of Double
Jeopardy (Civil Judgment
(2011) Shan Zhong Fa Min
San Chu Zi No.104 by Shantou
Intermediate People's Court
on September 3,
2012)
Repetitive litigation, as a legal concept, relates to
the principle of double jeopardy (non bis in
idem). The principle of
double jeopardy is an important principle
that is commonly involved in the civil legal practice, and is also
an important principle in the Chinese legal system in accordance
with two basic value goals of civil litigations,
i.e., efficiency and
justice. The principle originated from a
basic
legal principle and
system about "consumption
of litigious right" in
the Roman law. The so-called consumption of litigious right refers
to the fact that all of the litigious rights would be consumed due
to a litigation dependency,
and the second litigation
dependency is not allowed