民事诉讼以诉讼标的即民事法律关系为判断标准,以既判力和司法权威以及节约诉讼资源为考虑,确立了“一事不再理”制度。一事不再理原则的起源,可以追溯到古罗马时期的法律格言nebisinidem:对同一争议事项,一旦作出终局裁决,即不再进行第二次审理。该制度原则为大陆法系国家所普遍接纳,它符合民事诉讼所追求公正和效率两个基本价值。我国民事诉讼法也确立了一事不再理制度。但在此之上,随着世情时代的发展,日趋复杂的争议类型和种类需要我们对该制度进行反思,观察该制度的“例外”。考量和观察一些从表象看似“例外”的诉讼情形,其本质上是否构成对“一事不再理”制度的冲击,进而在实务立案的关卡口更好的践行该制度或弥补其不足。 In civil litigation, civil litigation is the subject of civil legal relations as the standard of judgment, with res judicata and judicial authority as well as saving litigation resources, the establishment of the system of “one thing is no longer reasonable”. The origin of the principle of non-reliance can be traced back to the legal maxim of ancient Rome ne bisinidem: Once the final decision has been made on the same issue of dispute, no second hearing will be held. The system principle is generally accepted by civil law countries, which is in line with the two basic values ​​of fairness and efficiency pursued by civil lawsuits. The Civil Procedure Law of our country has also established a system of no longer governing. But above this, with the development of the world situation, the increasingly complicated types and types of disputes require us to reflect on the system and to observe the “exceptions” of the system. Consider and observe some of the lawsuits that appear to be “Exception ” from appearances, which essentially constitute the impact on the “no matter what else” system, and thus better implement the system at the practical point of entry Make up for its deficiencies.