Withdrawing System In Civil Procedure

As a important part of the civil procedure,the civil action withdrawing system is not only a significant mode that the court concludes a lawsuit,but also a proper method which the party exerts his/her litigious right.Withdrawing system is more simple to most rest specific systems in civil procedure.But we can find deep theory through a little matter.It not only reflect the use of disposition principal in specific system,but also reflect the relation between the court and parties in some way.There are a few achievements in the theories of civil procedure of Chinese researchers,and most would be seen in the analysis of disposition principal.That's because the disposition principal is the law foundation of withdrawing system.Disposition principal's contents and scope affect the operation of withdrawing system.This article tries to analysis withdrawing system in the way of Disposition principal.This paper is made up by thirty thousands words,and could be divided into six parts.Part one:a general introduction of the civil action withdrawing system.This part mostly introduces some theory about the concept,types,and qualities and so on.First,define the concept of withdrawing through comparing the same system with foreign country.Second, introduce the types of withdrawing further.Finally,analysis the qualities of withdrawing system and make clearly that withdrawing is the procedure action of plaintiff.Part two:the withdrawing system of Chinese civil procedure.This part mainly elaborates the withdrawing system of Chinese in the way of condition,limit,fiction withdrawing and legal results in order to establish the elements of the following text.Part three:research about continental legal system.This part mainly compares Chinese withdrawing system and continental legal system countries.As Chinese's legal system inherits many principal and system of continental legal system,three countries(Japan, German and France) are selected to be introduced.Part four:disposition principal and withdrawing system.As this paper's focal point is to restudy the withdrawing system in our country,the relationship between disposition principal and withdrawing system would be analyzed.Then,disposition principal's content and relative disputes would be analyzed too.Part five:researching the withdrawing system point of view on disposition principal.As the inner relation has been revealed,this part would analyze the shortages of withdrawing system in Chinese.Because the disposition principal can not restrain the power of court,the design of withdrawing system is not perfect at all.This part would elaborate the shortages by rights of parties,powers of court and limitation of action.Part six:project of consummating the withdrawing system of our country.After researching the withdrawing system and disposition in above paragraphs,in this part,the writer would offer some proposals in order to promote the development of the withdrawing system in our country which contains establishing binding disposition principal,emphasizing the host position of parties,setting up the participating right of defendant and using the mediation system.