Study On China's System Of Civil Withdrawing Charges

The system of civil withdrawing charges is an important system in civil litigation, It is not only an important embodiment for the parties to exert their his litigious right, but also an important way to end a case. It reflets the contrasts and integrations between court's intervention abiding by its function and power and the parties'free disposition rights, protection to parties'rights and interests and insurance to procedure stabilization, and the rights and obligations of plaintiff and those of defendants. It concerns several important doctrines and theories, for example:principle of disposition, doctrine of equal litigious rights of the parties, and theory of procedure stabilization.This essay can be divided into four chapters.Chapter one:The basic introduction to the system of civil withdrawing charges. In order to correctly understand the essence of the civil withdrawing system and provide theoretical basis for its construction,chapter one mainly expounds the concept and nature of this system, lists the popular ideas. Then introduces the legal principles of this system which mianly are:principle of disposition, doctrine of equal litigious rights of the parties, and theory of procedure stabilization.Chapter two:The comparative study of civil withdrawing system in other countries and areas,such as England, the U. S. A, Germany, France, Japan, and Taiwan Province of China. By this way,it concludes the common spirit and regulation,and, figures out differences,for example, the differences as to,the necessity of approval of the defendant, the prohibition of starting a lawsuit again,the presumption of the withdrawing.Chapter three:Study of the current system of china's civil withdrawing charges. This chapte analyses the present legitition situation of china's civil withdrawing system and also points out the defects,for example:the power of the court is so strong that it imposes excessive intervention on the party's withdrawing an action; the two parties enjoy unequal litigious rights and the right of the defendant is seriously ignored. These lead to the imbalance of judicial power and the parties' rights as well as rights of different parties. The above said defects is harmful to the procedural justice,democracy, and stability.Chapter four:The perfection of the system of civil withdrawing charges. In allution to the defects of the current system, it argues that we should use strengthening the principle of disposing and implementing the principle of equality as guiding principle when we try to perfect the current system. The author offers some specific suggestions for the reform of the current system from two respects which are legislation and judiciary,hoping to construct a scientific and reasonable system, so that it can fully play the role of guaranteeing the parties legitimate rights and interests and safeguarding judicial justice.