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诉讼标的理论在民事诉讼理论领域占有重要的地位,它对于诉的变更、合并,既判力的客观范围的确定等都有着重要的影响。在我国民事诉讼领域,由于对诉讼标的定义和识别存在较大的争议,并没有为司法实践提供一个统一的识别标准,因此,重复起诉、重复审理的现象层出不穷,同时应当得到裁判的诉讼却又由于被法院认定为与前诉诉讼标的同一而被禁止起诉。
The subject of litigation claims plays an important role in the field of civil litigation theory, and it has an important influence on the alteration, merger and determination of objective scope of res judicata. In the field of civil litigation in our country, there is much controversy about the definition and identification of the subject of litigation, and there is no uniform standard for judicatory practice. Therefore, the phenomenon of repetitive prosecution and repeated trial emerges in an endless stream and at the same time it should get the litigation of referee Prosecution was prohibited because it was found by the court to be the same as the subject of the proceeding.