Study On The System Of Withdrawing A Civil Action

The civil system of action withdrawal is essential in law of civil procedure.It concerns three important theories,they are:principle of disposition,doctrine of equal litigious rights,and theory of procedure stabilization.It is also an important means that the court concludes a lawsuit.However,for historical reasons,the current domestic civil action withdrawing system is the creature of the planned economy,thus it has many legislative flaws,such as simple,negligent articles,which result in poor operation in practice,moreover,the deviation in the litigation mode and values is obvious.Reform is necessary.The author introduces the basic concepts of civil withdrawing actions,and analyzes its character. Through probing into foreign system of civil withdrawing actions,analyze its' present condition in our country,at last the author hopes to make the first step for rebuilding the system of withdrawing actions.This article is divided into five chapters.Chapter one is the basic introduction to the civil system of action withdrawing.In this chapter,the author mainly expounds the concept and nature of this system in order to correctly understand its sprit and essence. Firstly,the author introduces several concepts from foreign countries and lists four popular concepts in our country,by giving comments and contrasts,the author concludes the concept.It points out that the concept of withdrawing an action can be used in both a broad and narrow sense.The study of this paper is confined to the narrow sense,that is,the plaintiff's withdrawing his action.Secondly,the author makes a distinction between withdrawing an action,abandoning substantive rights and abandoning claims.Finally,the author concludes the nature of this system.Chapter two is about the legal principles of this system.The author introduces three legal principles which are:principle of disposition,diction of equal litigious rights of parties,and theory of procedure.This part is the legal basis of system reform.Chapter three mainly investigates the system of withdrawing civil actions in the international community such as Britain,United Stated, Germany,France and Japan and analyzes the differences between the system if withdrawing civil action in the different countries.It aims at offering some ideas of the reform of withdrawing civil action in our country.Chapter four is about the current system of withdrawing an action in our country and its defects.This chapter makes an analysis of the current legislation and draws a conclusion that in the current system,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 current system does not control the legal effects of withdrawing an action,either.Moreover,the current system is not scientific and delicate in some details.The author expounds the defects of the current system in six respects.Chapter five is the perfection of the system of withdrawing an action in our country.In this chapter,the author firstly emphasizes the principle of disposition,diction of equal litigious rights of parties,and theory of procedure.In accordance with the defects of the current system,the author offer several advices for the reform of withdrawing civil actions in our country.