Study On The System Of Withdrawing A Administrative Litigation

As an important system in the administrative litigation, withdrawing an action is widely applied in judicial practice. It is not only an important embodiment of the party's exerting his litigious right, but also an important means that the court concludes a lawsuit. Whether the system is scientific and reasonable concerns the guaranteeing of the parties' legitimate rights and interests and the maintenance of normal litigation order. Carefully examines our country presently to withdraw a suit the system, then not difficult to discover its intention for protects withdraws a suit the examination power which the litigant benefit stipulated, with the practice fill contradiction, also has disobeys the related lawsuit principle. In addition, in some detail question, our country withdraws a suit the system related stipulation endlessly to be also scientific and to be strict. The author withdraws a suit the system existence flaw in view of our country administration, pointed out when consummates this system should strengthen the punishment principle, the insistence procedure just principle and the implementation lawsuit economical principle took the guiding ideology, after and proposed cancels the court the substantive examination power, the consummation withdraws a suit the defendant who the condition legislation stipulation, entrusts with answers a charge the reply to the plaintiff to apply to withdraw a suit meets one's satisfaction the power, the stipulation limitation of action interrupt potency traces back to go back to the elimination and so on some concrete reforms and consummates the suggestion, reasonable withdraws a suit the system by the time establishment science, displays it to safeguard the litigant legitimate rights and interests, the maintenance judicature fair function fully.