On Withdrawal System Of Civil Procedure

As an important internal requirement in the grand task of procedural justice, the withdrawal system of civil procedure is an guarantee for the realization of the whole litigation justice. Nowadays, in the background of attaching more importance to procedural justice in the world, this system has got much more attention from the theoretical and practical field in most countries that legal system is developed. As an important system in civil procedure law, the withdrawal system is stipulated more specific and scientific, much more it can do to protect and manifest the justice of the litigation process and result. But in our country it doesn't get enough attention in the theoretical field and it's often neglected in the judicial practice. For the drawback of our legislation of this system which does not accord with the requirement of procedure justice, before perfection of the legislation in law, the stipulation of implement of withdrawal system by judicial personnel was made by the Supreme Court in Jan.31th 2000. It perfects the system to some extent, but doesn't resolve the whole problem.Basing on the condition of our country, the author explains the concept and classifications of the withdrawal system of civil procedure, reviews its history and gives a deep analyze of its litigation and judicial conditions. The author considers the reasons why the system can not play its full role are four: the first is the drawback of the system itself; the second is that it has no cultural base because of our judicial and cultural tradition; the third is that the actual condition of our country makes it hard to implement; the fourth is the imperfection of relative systems. And then deeply dissects the four reasons, by changing the idea of"substance is more important than procedure", rethinking the judicial and cultural tradition, perfecting the legislation and relative systems, the author hopes to realize the original aim of the withdrawal system of civil procedure.