Research On The System Of Administrative Withdrawal Of The Suit

The system of administrative withdrawal of the suit is playing an important role in administrative litigation, which is not only reflects the parties procedural rights on litigious, but also a kind of method that the court concludes a lawsuit. A scientific and reasonable system of withdrawing administrative actions is the important precondition of guaranteeing the right of disposing of the party and maintaining the judicial order. However, the current system of withdrawing administrative actions has many problems: rough design of the system, the right of the court is fictitious, non-normal withdraws is high all the time,but in the mean time. The system of administrative withdrawal is widely applied in judicial practice. Therefore, the reformation of the system of administrative withdrawal tends to be inevitable. Based on studying the basic theory of the system of administrative withdrawal of the suit and the judicial practice of this system, a tentative idea will be put forward to consummate this system.Except the preface and the conclusion, this article is divided into four chapters.Chapter one: a general introduction of the administrative withdrawing system and the legal principles of this system. Through defining the connotation of administrative case withdrawal system and analyzing the characteristic nature of this system and the nature of this system and the function of this system, the author outlines withdrawal system from an aspect of the administrative law theory to clarify theoretical basis for the construction of withdrawal system.Chapter two: a comparative study of the systems of administrative action withdrawing between the continental law system and common law system. Through investigating the system of withdrawing administrative actions in the international community such as Britain, United Stated, Germany, France and Japan and analyzes the differences between the system of withdrawing administrative action in the different countries. It aims at offering some ideas of the reform of withdrawing administrative action in our country.Chapter three: the current system of withdrawing an action in our country and its defects. Basing on the present legislation and relevant legal interpretation of withdrawal system in China as well as judicial practices, the author, with basic theory of withdrawal system as his tool, finds out the disadvantages of present legislation of withdrawal system and makes corresponding analysis on the problems.Chapter four: suggestion for the current domestic administrative action withdrawing system. The author will finds out the problems in the current system of withdrawing an action in our country after discussing this system. This chapter will put forward some pieces of suggestion to reform and to perfect the current domestic administrative action withdrawing system.