1. Different meanings

The principle of ne bi bis in civil litigation has two meanings:

First, the parties shall not sue the court for The case must be re-litigated;

Secondly, after the judgment in a case takes effect, res judicata arises, and the parties are not allowed to sue again on the legal relationship disputed between the parties.

Administrative litigation: If the ruling approving the withdrawal of the lawsuit is indeed erroneous, and the plaintiff applies for a retrial, the People's Court shall revoke the original ruling approving the withdrawal of the lawsuit through trial supervision procedures and re-hear the case.

2. Different legal basis

Legal basis in civil litigation: Civil Litigation Opinion Article 144: After the party withdraws the lawsuit or the people's court handles it as withdrawing, the party files a lawsuit again with the same claim , the People's Court shall accept it.

Administrative Litigation: Article 36 of the Supreme People's Court on the Implementation of the "Administrative Litigation Law of the People's Republic of China": After the People's Court rules to allow the plaintiff to withdraw the lawsuit, if the plaintiff re-litigates based on the same facts and reasons, the People's Court shall The court did not accept it.

3. The acceptance situation is different

Civil litigation: If the plaintiff withdraws the lawsuit or handles the divorce case as withdrawn, and there are no new circumstances or new reasons, and the lawsuit is filed again within six months, the divorce case may be filed in accordance with the civil lawsuit. The provisions of Item (7) of Article 111 of the Procedural Law shall not be accepted.

Article 6 of the "Interpretation of Compensation for Mental Damage": If the party does not file a claim for compensation for mental damage during the infringement lawsuit, and after the conclusion of the lawsuit, he files a separate lawsuit for compensation for mental damage based on the same infringement facts, the court will not grant the claim. accepted.

Administrative Litigation: Article 37: If the plaintiff fails to pay the case acceptance fee in advance within the prescribed time limit, and does not submit an application for postponement, reduction, or exemption of payment, or the application is not approved, the lawsuit shall be automatically dismissed. deal with. After the lawsuit is dismissed, if the plaintiff files another lawsuit within the statutory time limit and resolves the issue of prepayment of litigation fees in accordance with the law, the People's Court shall accept the case.

Extended information

Principle of bis biscuits

1. In cases where the judgment or ruling has taken effect, no further prosecution shall be allowed unless otherwise provided by law. The principle of litigation shall not be accepted.

2. For a trademark approved for registration after an objection ruling, no one may apply for invalidation based on the same facts and reasons.

Article 14, paragraph 7, of the International Covenant on Civil and Political Rights stipulates that any person who is found guilty or acquitted by a final judgment in accordance with the laws and criminal procedures of a country shall not be tried again for the same crime. or sentenced. Therefore, the principle of ne bis in idem is an international norm that should be generally followed in modern criminal proceedings.

Reference materials: Baidu Encyclopedia-Nothing is ignored

Reference materials: China Court Network-Civil Procedure Law of the People's Republic of China