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.Chapter one is the foundation of the article. This chapter mainly expounds (1)the concept and characters of the withdrawing civil actions;(2)the differences between the concept of the withdrawing civil actions and other concepts concerned;(3)the legal principle of the system of withdrawing a civil action. This part tries to comprehensively build the system of withdrawing civil actions.Chapter two mainly investigates the systems of withdrawing civil actions in the international community such as United States, Britain, Japan, Germany and analyses the difference between the systems of withdrawing civil actions in the different countries. It aims at offering some ideas for the reform of system of withdrawing civil actions in our country.Chapter three mainly discusses the present condition of system of withdrawing civil actions in our country and finds out that the problems in the system include: the judicial...