关键词: 合同继续履行判决, 判决实现障碍, 继发性纠纷, 一事不再理, 2015《民事诉讼法解释》

Abstract:

Continuation of fulfillment is one of the punishments for failure in contract fulfillment and is of prior applicability. However，problems often occur in practice which makes it difficult to implement such court judgment. This challenges the legal foundation of“continuation of contract fulfillment”，and also requires classification of the difficulties in implementing such court judgment. Besides，these obstacles to the implementation generate further controversy or law suits between relevant parties，which challenges the principle of“No Repeated Hearing”. Although the Supreme Court encourages accepting those further controversies or law suits，this attitude does not make a universal guidance in practice as such cases are too involved and varied. Therefore，it is of urgent need to add new criteria for dealing with such consequent controversies and law suits.

Key words: judgment of continuing contract fulfillment, obstacles to implementation of court judgment, consequent controversy, no repeated hearing, Interpretation of Civil Procedure Law（2015）