| The order to withdraw from the court is the legal liability in civil litigation that aimed at maintaining the court order and ensuring the normal conduct of litigation activities.According to the statistics of existing academic achievements and judgment documents,there are still confusions in the practice of the order to withdraw from the court such as the low utilization rate,the chaotic applicable procedure and the lack of legal basis for application consequences.It is because of the sparse and inconsistent laws and regulations in the order to withdraw from the court,the concept of emphasizing entities and neglecting procedures,and Judges’ over-emphasis on the efficiency of litigation,which lead to the natural exclusion of the order to withdraw from the court.In a short,the lack of legislation for the order to withdraw from the court causes that the measure is not easy to be used and cannot be used,which further leads to the fact that judges do not use it in practice.If things go on like this,the legal issues and legal status of the order to withdraw from the court will be difficult to be followed,even more difficult to be corrected,and its value and function will not be effective.If such a vicious circle is allowed,the order to withdraw from the court will surely be shelved.Therefore,only by perfecting the applicable principles of the order to withdraw from the court,clarifying the specific application objects of the system,unifying the applicable standards of the system,regulating its application procedures,application consequences,and remedies,etc.,can establish a standardized system of the order to withdraw from the court.Of course,in order to further standardize the system of the order to withdraw from the court,it is necessary to smoothly link it with other compulsory measures and default judgments to avoid conflicts and disconnections,and to maintain coordination between the various systems of civil litigation as much as possible. |
