Civil Withdrawal System

The system of withdrawing a civil action is playing an important role in civil litigation. In judicial practice, withdrawing a civil action is not only the proper means that the party concerned exerts his right, but also a kind of method that the court concludes a lawsuit.Therefore, a scientific and reasonable system of withdrawing civil actions is the important precondition of guaranteeing the right of disposing of the party and maintaining the judicial equity. However, the current system of withdrawing civil actions has been exposed of many problems because legal stipulations are unclear simple and hard to be implemented. Practice proves that the system of withdrawing civil actions can no longer keep pace with the development request of the market economy, so reform, is necessary under the situation. Because of this, this paper tries to take the lead in the reform of civil procedure, investigate the systems of withdrawing civil actions in the international community and analyze the present condition of system of withdrawing civil actions in our country. At last the author hopes to make the first step for rebuilding the system of withdrawing civil actions.This article is divided into four chapters with about 40,000 words.Chapter one is the foundation part of the article. This chapter mainly expounds the concepts inscapes and legal effects of the withdrawing civil actions. It tries to comprehensively build the system of withdrawing civil actions.Chapter two introduces the meaning of the punishment principle from the angle of theory of law. It analyses the reason why the judicial power and the right of disposing are out of balance seriously through investigating its history background. Then the author tries to relocate the balance between the judicial power and the right of disposing.