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Study On The Reform Of The System Of Civil Withdrawing Charges

Posted on:2009-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:H T WuFull Text:PDF
GTID:2166360272471530Subject:Law
Abstract/Summary:PDF Full Text Request
As an important part in the civil procedure, the system of civil withdrawing charges has been the essential in all of the countries. It not only embodies the principle of disposition and procedure subject, and also reflects the balance and the conflict of some legal values, such as justice and efficiency, guarantee of claims and procedure security. Furthermore, it is widely applied in modern judicial practice, being a significant mode that the court concludes a lawsuit as well as a proper method the part concerned to exert his rights. Therefore, whether the system is scientific and reasonable concerns the guaranteeing of the parties' legal rights and interests and the maintenance of normal litigation order.However, because of the imperfection of the law related to the civil withdrawing system, the abusing of the right of withdrawing charges, which caused the consumption of the judicial resources, litigation retardation and cost increase, is of common occurrence in judicial practice. And in addition, the improper acts in action of one party usually cause loss to the other, and affect the society stability. This is just why many countries pay high attention to the system in their civil legislation.Due to the deviation in the litigation mode and values, many problems emerge in the operation of the current system of withdrawing an action in our country. For historical reasons, the current domestic civil action withdrawing system is the creature of the planned economy, with strong color authoritilism, and under the direction of which the relevant laws are abstract and lack of operational character. Practice has proved that it could not keep pace with the development of the market economy. Therefore, reforming and perfecting the system of civil withdrawing charges has already become an important link for realizing the civil procedure legal system's modernization. Because of this, this paper tries to take the lead in the reform of civil procedure, investigate the systems of withdrawing civil actions in the international community and analyze the present condition of system of withdrawing civil actions in our country.Apart from the Introduction and the concluding remarks, this paper contains four chapters. Chapter one gives a general introduction of the withdrawing system. At first, defines the system of civil action withdrawing both in a broad and narrow sense, and confirms that this paper just expounds it in the narrow sense, namely accuser withdraws his accusation in the first trial program. Then, presents a basic analysis on the nature, the species, the effective essentials, and the legal consequence of the withdrawing charges. At last, shows the legal basis of the system of civil withdrawing charges—principle judgment authority.Chapter two studies the legislation examples of the two legal systems. This part comparatively studies the system of civil withdrawing charges of the representative nations in the two legal systems, so as to explore its value idea, and further to provide some references for the innovation and development of it. Chapter three summarizes the problems of the current domestic civil action withdrawing system, and analyses the causes deeply. Chapter four proposes five specific suggestions on the reform and perfection of the system of civil withdrawing charges, such as restricting the approval power of court, granting consent right to the defendant, and limiting the withdrawing time, and so on.
Keywords/Search Tags:The system of civil withdrawing charges, legislation examples of foreign countries, current situation and reform
PDF Full Text Request
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