The Research Of The Systems Of Civil Withdrawing Charges

The system of civil withdrawing charges is an important component of the system of civil litigation, it is of great significance to guarantee the full exercise of the right to parties. At the same time, withdrawing charges is an important way of concluding a case, the research on withdrawing charges help improve the civil proceedings, develop the overall function of civil action mechanism, so as to promote the improvement of the entire judicial system. In general, civil withdrawing charges refers to the plaintiff hold the opinion of withdrawning its previously charge to the court, so as to conclude the proceedings. However, there are different opinions on the concept of withdrawing charges in China, the author focus on the narrowly defined concept of withdrawing charges, that is, the plaintiff withdrawing charges to the court in the first instance. The parties set up an action and the acceptance of complaint is its procedural basis, the parties'right of disposing is its theoretical basis. The basic analysis of the system of civil withdrawing charges contribute to a clear understanding of the functions of civil withdrawing charges and its inadequance, so as to give the relative reform proposals. According to China's legislature, there are two ways of civil withdrawing charges, which is the application of withdrawing charges and the method of dealing with it as withdrawing charges, but there are some problems in the system of civil withdrawing charges in China, such as the improper intervention of the courts to the right of the parties to withdrawing charges, the Court deny the parties withdrawing for reasons of the provisions are too vague, ignore the protection of defendant's legitimate rights, ways of withdrawing charges are not standardized, the calculation of limitation of actions after withdrawing charges is not clear, without necessary restrictions to set up an action again after withdrewing charges, the system of dealing with it according to withdrawing charges is not reasonable. Therefore, China's system of civil withdrawing charges also need to be further improved so as to give full play to its function to protect the legitimate rights and interests of the parties. Learning advanced legislature and judicial experience of foreign countries, considering theory related to civil litigation, reforming method is as follows: 1. Establish four principles of parties are objection of procedures, the parties have equal rights litigation, litigation benefits, stability of procedures, let updating concepts to guide the perfection of civil withdrawing charges, 2. Ensure the full exercise of parties'desposing rights, starting with the theoretical foundation of civil litigation to promote the perfection of civil withdrawing charges, 3. Through the cancellation of the Court to review of the substance of application of withdrawing charges, give the defendant the right to consent withdrawing charges, standanize ways of withdrawing charges, make the limitation of action starting from the time before setting up an action after withdrawing charges, make necessary limitation to the plaintiff's right to set up an action after withdrawing charges, reform the system of dealing with it according to withdrawing charges, such six method to perfect the system of civil withdrawing charges, 4. Through the establishment of the plaintiff's compensation to the defendant, improve the system of charges of withdrawing charges, so as to start from the other related system to promote the perfection of civil withdrawing charges.