Study Of The System Of The Civil Withdrawing Charges

Civil withdrawal system is an important Chinese civil system, which fully embodies the principle of party disposition, is also closing a very important way. Withdrawal system, reasonable or not, the protection of the rights and litigation the parties to maintain the normal order of play a key role. But our current civil withdrawal system has values and litigation in the existence of defects, while in practice there are loopholes in its enforcement, leading to many problems, the reform has been inevitable. This is the system of civil Withdrawal of basic questions, based on analysis of the problems of civil withdrawal system and the reform of the views put forward.Besides the introduction and the conclusion, is divided into four chapters. This article has 30 000 words.Chapter I: Overview of Civil withdrawal system. This chapter is from the concept of civil withdrawal, classification and legal consequences, legal basis to discuss three aspects. There are many papers on the civil Withdrawal system, not a theoretical reason for the differences, but the misunderstanding caused by unclear definitions. The definition of the concept is the premise and basis of theoretical research, the authors compare from theorists in recent years by the recognition point of view, in summing up the advantages and disadvantages of various viewpoints premise, come to your own system on the concept of a civil point of view withdrawal. That the withdrawal of the civil system should be both narrow and broad sense to consider, from the narrow sense, refers to the prosecution of the plaintiff to withdraw from the broad sense that the parties appeal to the court to withdraw the request, not asking the court to conduct a hearing. The legal basis of civil withdrawal involves three aspects, disposition and trial balance, balance between the rights of the party's litigation, right of appeal and the procedures to protect stability and balance. Withdrawal of these constitute,the whole system of civil jurisprudence. Civil action is to use state power to resolve private disputes on the rights and interests, which inevitably involves the rights of public power and private relationship between a public authority the right to restrict the private right to exclude the public or private power, which essentially is the disposition and the trial involved the issue of whose who constraints. Balance between the party's legal rights, rights of parties to litigation is not to say the same, but that the equal rights of parties to litigation. Procedures to protect the stability and the value of the three proceedings, the right to appeal should be protected as much as possible on the basis of maintaining the stability of litigation. These are the legal basis of civil Withdrawing the core of the system embodiment.Chapter II: The system of extraterritorial legislation of civil withdrawal. This chapter is to drop the system, the status of civil law system is divided into two separate study, singled out five more in the two legal representative of the country were analyzed. France, Germany and Japan is the representative of civil law. England and United States is the representative of common law. Analysis of the status of these countries are mainly from the withdrawal of legislation gave a brief overview of the system, from the withdrawal of the suit filed, shape, force requirements and legal consequences of the four aspects were analyzed. The main purpose of this chapter is to drop the system of civil grasp of a macro, for the following analysis of the civil Withdrawal system reform and improve the existing problems and lay a solid foundation.Chapter III: The problems of civil withdrawal system. This chapter is from the withdrawal of Civil Law system, the analysis section, obtained the status of the system of civil withdrawal. Then find the system of civil withdrawal problems. Our system of civil withdrawal applies for withdrawal and can be divided into two cases according to drop the deal. Is based on whether the case withdrawn by the parties to division. Civil withdrawal system problems are mainly the following aspects: First, too much emphasis on the Court's position in civil withdrawal. Court in civil proceedings should be neutral role. But in our country affects the whole litigation process in court, not the parties play a decisive role but the court. This reflects a strong intervention of the strong Power of Color. Therefore, it should be our right to restrict its review. Second, the defendant's lack of rights protection. Thirdly, the withdrawal right to exercise reasonable time. Fourth, the withdrawal deals with the situation by setting unreasonable. Fifth, on the withdrawal after the lack of prosecution to limit the number of times. Sixth, the provisions of limitation should not be blank. Seventh, on the collection of unreasonable litigation costs.Chapter IV: The improvement of civil withdrawal system. This chapter is in the withdrawal of the two legal systems to compare the civil context reference, lessons which meet the current situation of China's strengths, to make up our system of civil Withdrawal defects. The System of Civil Withdrawing views: First, drop the exercise of the right time is the court ruling after the case has to determine before. The existing provisions of the Civil Procedure Law is withdrawal should be withdrawn before the court decision, the author's view is that withdrawal should be extended to the exercise of the right time, before final conviction. This requirement is to implement the disposition of specific performance of the parties. Second, the abolition of the Court's substantive right of veto. Real power of veto conferred on the court, the jurisdiction and subject disposition is a manifestation of imbalance. Meanwhile, China gives the court substantial veto power, but not set to allow the Court to comply with the rules, but given the principle of ambiguity, that withdrawal should not endanger national, collective or the legitimate interests of others, for this principle to grasp, yet to judge the quality of their business to judge the lawfulness of the plaintiff's conduct, which the court contrary to the principle of non-suit if the court did not take the initiative to examine ex officio whether the unlawful conduct of the parties the right, but only upon request, to examine . Third, the defendant should be increased under certain circumstances the case for the Withdrawal of the veto. If the withdrawal of the right set up only by the plaintiff and the court to decide, then the defendant has violated the right of the selection process. Specific design is not yet made substantial defendant before responding, that the defendant has not yet submitted to the court before the legal procedures for responding to the plaintiff through the defendant's consent may not be able to withdraw the prosecution. However, if the defendant made a substantial submission to the court the respondent or the respondent legal procedures, then the plaintiff's withdrawal at this time to go through the defendant's consent. Fourth, on the withdrawal process to develop operational requirements. Fifth, after the withdrawal restrictions again on the same subject matter of litigation proceedings. Sixth, the reform of management system by withdrawal. Specific reforms should be if both the plaintiff and the defendant sentenced in absentia, according to drop the deal. If only one party is absent, whether plaintiff or defendant, are to continue to trial, the party impact statements from the present case, and according to the established facts and the presentation of the debate at a party, make a decision.