一、“一诉不再理”较之“一事不再理”作为一项相对长期在世界范围内获得大陆法系及受大陆法系影响的国家广泛认同的诉讼法原则,“一事不再理”之命题源于古罗马法,意即:对生效裁判已确定的争议,当事人无权再行起诉,裁判机构也不得再度受理。直至现在,我国民事诉讼的立案受理操作仍遵其为一条不成文的基本原则。为避免当事人一案多诉、法院重复受理、裁判自 As a relatively long-term principle of procedural law that has been widely accepted by countries in the continental law system and by the civil law system all over the world, “ The proposition that ”one thing is no longer reasonable" originates from the ancient Roman law, meaning that the parties have no right to sue and the adjudication body can not be accepted again. Until now, the handling of filing cases in China’s civil litigation still follows an unwritten basic principle. In order to avoid more cases in a single case, the court repeated the admissibility