What is be related manages no longer?
Be related manages no longer the accused person that the principle is the case that has produced legal effectiveness to court decision, ruling, must not be sued again and try.
In civil suit, be related manages no longer the implication that the principle includes two fields:
The first, party must not sue; afresh with respect to the case that has prosecuted to the court
The 2nd, one case is after adjudicative become effective, generation sentences force already, party must not concern with respect to the law of bilateral controversy, sue all right again.
Cite a case gift is nice understand:
A and B are husband and wife, two people agreement divorces, mutual house was not broken up, after divorcing 5 years, a wants to break up a house, the lawsuit that mentions to the court is B hides common property, sue a court according to divorce agreement, want to let a court maintain house property to belong to his, someone else has no right punish. Break up husband and wife again the litigant effectiveness for a given period of time of common property is two years, forensic basis exceeds litigant effectiveness for a given period of time to adjudicate A loses a lawsuit, impartible house. And, also cannot want to break up because of A after this house again to lodge a complaint, of forensic place basis is " be related manages no longer " principle.
Why should set " does be related manage no longer " ?
1.Prevent national authority abuse: As the ceaseless development of modern society civilization, human rights consciousness already was strengthened gradually, the right of every citizen should get respect and be maintenanced of the society, the accused person is not exceptional also. In criminal lawsuit, country and the accused are the argue of wide gap of a strength between the person, the accused person is in very adverse position, national authority may be abused.
2.Protect defendant right: The accused person is sentenced innocent, loss of his reputation, spirit, time, pecuniary also cannot be estimated, be like a country to be able to undertake sue and trying to its again right now, dignity of the freedom of the accused person, character will be hit again, the individual is abased flintily to be the object of national authority by the government, program fairness and justice will all gone.
Relevant law is relevant article:
" top people court about applicable < code of civil law of People's Republic of China > explain " :
The 247th party already the item of to lodge a complaint is in litigant process perhaps sue again after juridical become effective, accord with following condition at the same time, form repeat sue:
(One) hind appeal to with before the party that tell is same;
(2) hind appeal to with before the identical; of the litigant mark that appeal to
(3) hind appeal to with before the litigant plea that tell is identical, or hind juridical result appeals to before the lawsuit that appeal to requests to deny essentially.
Party repeats sue, the ruling does not grant to had accepted; , the ruling is rejected sue, but the except that explanation of law, judicatory has a regulation additionally.
