Study Of The System Of Civil Withdrawl

Civil withdrawal system is a basic Chinese civil sysrem, its legislative design's original intention is to safeguard litigant's disposition right fully. As one of ways that the court settles a lawsuit,civil withdrawal is applied more and more widely in the practice. Whether civil withdrawal systerm is reasonable or not, is important to protect litigation right of litigant and maintain litigation process. However, in our country the law educational world of civil procedure law still hasn't done deep research on the theory question of civil withdrawal system, at the same time litigation system on legislation level does not reflect the advanced procesure theory very well, which causes many problems in the judicial practice of civil withdrawal system, thus the request of reform becomes more and more intense. The article starts from basic theory of civil withdrawal, inspects oversea rules of country civil withdrawal, analyzes the flaw of our country civil withdrawal, and then proposed the plan to perfect our country law system of civil withdrawal.This article about the question of civil withdrawal makes the research from the academic theory to the judicial practice. The full text is nearly 30,000 characters, divided into four parts.The first chapter gives a brief introduction of civil withdrawal system.. The chapter does the analysis from three aspects of the concept, the nature and the related concept analysis. For the concept of civil withdrawal, the article agrees that it can be defined from two levels, the narrow sense and broad sense. From the narrow sense,refers to the peosecution of the plaintiff to withdraw and from the broad sense that the parties appeal to the court to withdraw the request, not request the court to make the trial. The nature of civil withdraw is the judicial act and different from the abandon of substantive right and system. The second chapter analyses legal principle basis of civil withdrawal system, which is established based on principle of procedure subjectivity and disposition and at the same time is restricted by the court judicial authority, the litigant lawsuit right equality and the procedure stable essential factor. The third chapter carries on the investigation from two legal representative of the country which gets understanding of civil withdrawal in macroscopic view, and then provides our country with the reference thinking for reforming civil withdrawal.The fourth chapter combines the analysis of law items and judicial practice and points out the existed problems of our country civil withdrawal system: the lack of relative law items of civil withdraw, the bad safeguard of litigant process right, the harm of litigant process benefit and the unreasonable rule of withdraw effect.Regarding the weakness of above withdrawal system, it can be improved from the aspects to withdraw rule refinement, to attenuate the court examination power, to entrust with the defendant with the agreement right of withdraw and regulate the times of litigating again after withdraw.