Civil Withdrawal System

Withdrawal of a civil action is one of the most typical systems which embody the principle of disposition. The establishment and adoption of the system not only produces the parties procedural guarantee on litigious rights but also make sure the verdict of the court based on the willing of both parties. But the civil withdrawal system of our country is not well developed in the theory and practice, which causes a series of problems, because it doesn't get rid of the affect of idea of the"trial power centralization", although it enhances with the promotion of the judicial revolution in recent years towards science and democratization. This article starts with the jurisprudential basis of the withdrawal of a civil action, reviews its problems, and tries to do some exploration on the improvement of the existing system on the basis of the comparison among Chinese civil withdrawal actions and that of both common law and civil law system.The article can be divided into five parts.Part one: Introduction. Starting with defects of Chinese civil withdrawal system, this part figures out the importance of its perfection in order to bring forward the outlines of this article.Part two: Summary and jurisprudential analysis of withdrawing of civil actions. This article firstly analyzes the system of the withdrawing of civil actions briefly from its conception, division and character, emphasizing the research of this article is limited in aspect of the withdrawal action of the plaintiff. Secondly, it analyzes in detail the three jurisprudential basis of the system, the balance between the right of disposition of the litigants and the trial power of the courts, the equality of the rights of litigants and the balance between the protection of rights and the procedural stability.Part three: Comparison on the system of withdrawing of civil actions. Through studying the legislation of the civil withdrawal system of the major countries of the two legal systems, the article reveals the three similarities, the subject of the withdrawal, the effect of the withdrawal and the burden of suit fee. Furthermore, it figures out the five differences, the necessity of the approval of the defendant, the presumption of the withdrawing, the prohibition of starting a lawsuit again, the necessity of the approval of the court, and the scale of the withdrawing, following the analysis on the differences. At last, this article points out the deficiency and tries to perfect the system on the analyses above.Part four: How to improve our system. The part concludes five defects in the system of the withdrawing of civil actions, such as the inequality of procedural status between the parties and the unlimited power of the court on the decision, and produces seven suggestions on them.Part five: Conclusion. This part sums up the total structure and the achievement of this research.