| The system of administrative withdrawal of the suit is a basic part in administrative procedure.Withdrawal right is one of the parties’ litigious rights,properly speaking;it’s the right of disposition.As one of the court’s settlement ways,this system is widely used in practice.Once been reasonable used,it will play a key role to protect the parties’ litigious right and maintaining the order of the litigation,further to say,it has a close relation with the achievement of the administrative procedure’s purpose which is set at the beginning.However,our theoretical researchs on this problem is not enough,moreover,the legislative also contrary to the advanced Judicial idea of the contemporary era,which causes many problems in the action withdrawal’s juridical practice,has serious influence to the unity of legislative and judicial,it is imperative to make some reforms.This article begins with the foundation theory of the administrative withdrawal’s concept,nature etc,observe and refer some foreign countries which has well legislation and practical experiences,and with a view to the reality of China,analyse the problems and shortages,then put forward some suggestions to perfect the administrative withdrawal system of our country.This article uses conceptual analysis,value analysis,comparative analysis,etc,making the research on the system’s legislative,judicial and theoretical,in order to put forward reasonable and effective improvement measures.The article includes four chapters except the introduction:Chapter one is an overview of the administrative withdrawal system’s basic theory.This chapter discussion around with four parts content:the administrative withdrawal’s concept,and nature,discrimination with related concepts,foundations theory,similarities and differences with the civil system of action withdrawal.As the concept,the author definite it from narrow and broad aspects and the article based on the broad definition.As the nature,it’s one of the parties’ actions in procedure,it’s exercising the litigious right,and it’s different from the claims or substantive rights’ abandon.As the foundations theory,the article base on the system’s establish,that is to say,form given and restraint the right of withdrawal a suit.After that,it made a compare with the civil system of action withdrawal.Chapter two observes and compares the administrative withdrawal system of some countries of continental law system and American Legal System,thus the author has an macroscopic comprehend of the system,absorbs the quintessence,and paves the way for the reformation and improvement of the system of our country reform.Chapter three through the analysion of the present situation of the Legislation,the judicial practice,and the theoretical study,then expounds the defects of the current system from throes three aspects:for example,the subject,means,time and other contents of the right’s exercise and the court’s review,the protecting of the rights and so on.Accordingly,in chapter four,the author put forwards some prefect suggestions aiming at remedying those defects mentioned in chapter three,the author also try to explore the outlet,lead-in mediation system in administrative litigation,in order to realize reasonable connection of the administrative mediation and withdrawal system,and realize the withdrawal system’s value completely. |
