Withdrawal System Reconstruction Of Civil Procedure

Withdrawal system, the name suggests is the withdrawal of prosecution. The right to seek prosecution because of relief, affected by many factors and withdrawal, the "withdrawal with a" Court of the judicial process there is encouragement, the plaintiff active, passive defense, procedural anxiety, conflict of rights and many other issues in urgent need of a legislative and judicial conduct regulation. Based on the current situation of the legislative and judicial interpretation, combined with the actual city court, dialysis of the problems in the theory of Civil withdrawal system on the basis of combing through the experience of developed country mature approach, using theory to guide a comparative analysis empirical study and other research methods to construct a multi-dimensional sound system of Civil withdrawal regulation of the road.Besides the introduction, conclusion, is divided into four parts:Part I:question. Withdrawal of Civil Procedure through the legislative system, judicial interpretation and the status of defect analysis, described a perfect system of the need for Withdrawal of Civil Procedure. In the legislative provisions set based on the use of chart analysis France on the withdrawal reasons are analyzed, presented Le withdrawal problems, Tong Guo analysis Zhiduo defect by pointing out Chesu System regulation system can help to procedural justice, democracy, stability and other Jiazhi goals.Part II:Analysis. Withdrawal through the civil system to protect the perspectives of philosophy and policy discourse, based on analysis of the civil system, basic principles and values embodied in orientation, reflecting the party powers, promote litigation efficiency, stability and favorable process, saving judicial resources and litigation costs, social harmony, demonstrates the system of civil Withdrawal of great practical significance.The third part, extra-territorial investigation. This part of the comparative law from the perspective of the British families of law of the major countries, the United States, France, Germany, Japan and Taiwan, China Civil withdrawal inspection system, about each of these countries and civil proceedings for withdrawal of legislation, pointing out that In the legislative principles, the legislative model, and specific legislation designed to learn from the process, thereby reform and improve the system of Civil withdrawal provided for reference perspective and ideas.The fourth part, problem-solving. Civil Withdrawal System, build to drop the power and the right of withdrawal is limited to the trunk, in order to exercise the right way, the right to exercise the right to exercise the conditions and the legal consequences of the branch, from the concept, principles, mechanisms, methods, multi-dimensional aspects of legislation, Regulation of withdrawal of a relatively complete system of systems.