Civil Withdrawal System

The civil action withdrawing system is an important part in the civil action system. It could embody the principle of disposition adequately, and could be a significant mode that the court concludes a lawsuit as well as a proper method the party concerned to exert his rights. However, for historical reasons, the current domestic civil action withdrawing system is the creature of the planned economy, and has been proved that it could not keep pace with the development of the market economy. Reform is necessary. The purpose of this paper is to concentrate on the problem of the current domestic civil action withdrawing system and to give some pieces of constructive suggestion, based on the analysis of the concept and the property of the civil action withdrawing system and on the investigation of basic legal principle. It could be divided into four chapters with about 30,000 words.Chapter one: a general introduction of the civil action withdrawing system. The first step of this chapter is to define the concept of the system of civil action withdrawing. It confirms that this paper would put the weight on the action-withdrawing in the narrow sense, namely accuser withdraws his accusation in the first trial program. This chapter also defined the three essentials of accusation-withdrawing, which is subject, object and time, and defined the property of it. Furthermore, this chapter investigated the basic legal principle of accusation-withdrawing through two dimensions. The first dimension is to check out the legal principle on which the party concerned exerts his rights, the second one is to find out the reason why the rights of the party concerned must be restricted.Chapter two: a comparative study of the systems of civil action withdrawing. The first step of this chapter is to review the system of Germany, France, Japan, UK and USA, and to introduce the current domestic civil action withdrawing system generally. Based on the review and the introduction, a comparison between them would be...