Civil Withdrawal System

Civil withdrawal means that the plaintiff and other participants who have the similar litigation status in the proceedings, in a reasonable time period, take the initiative to withdraw the lawsuit to the Court. Studying it further is of great significance in terms of theory or practice. China's current theoretical research on withdrawal is not sufficient, and some traditional theory can not match the latest legal development. In judicial practice, withdrawing system is not operating in the ideal conditions, which is caused by the defects of the system itself in design, and by non-standard practices from some judges.The first chapter discusses the basic theory of the civil withdrawal, including its concept, nature, classification and constitutive requirements, etc.. Point out that the withdrawal right, in addition to procedural right of choice, is a terminal and "linear" right of appeal, in addition to procedural right of choice. Meanwhile, its relation with right of withdrawal accord is not only equal, but also cross-compatibility with each other. Classify the withdrawal into the withdrawal after reconciliation, the withdrawal applied by plaintiffs and the withdrawal presumed by judges, which may be more reasonable classification. The partial withdrawal generally exists only in the kind of trial which merges several lawsuits. The second chapter uses comparison of method to study the major countries of two extraterritorial legal systems on civil withdrawal. The third chapter analyses the current status of civil withdrawing system. Point out that the existing withdrawal system has some problems in its procedural design, such as violating the position of judges who should be neutral and passive, lacking necessary confrontation mechanism existing between the plaintiff and the defendant, ignoring the necessary limitation to plaintiffs. In addition, study the causes of the high withdrawal in the judicial practice. The four chapter mainly provides some suggestions to improve. In designing the civil procedure system, it should meet the criteria of the combination of "appropriateness of quality" and "suitability of amount" to commonly determine the degree of exercising power or rights in order to realize the maximal balance.