A Study On The System Of Suspension Of Civil Action

Civil withdrawal wins favor of the courts because of its closing fast and the simplicity. Quite a few cases are dropped every year in china. In recent years, many people consider the phenomenon of high removal rate from the angle of mediation. The civil withdrawal does not get enough attention from theory and practice. In 2015 The Interpretation of the Supreme People’s Court on Some Issues Concerning the Application of the Civil Procedure Law of the People’s Republic of China makes further regulations on civil withdrawal. Because the civil withdrawal has particularity and complexity, how to make the right and power allocated between the parties and the court, solve the disputes fairly and efficiently, and protect the litigation right of the parties is very important. However, the current law does not make a clear regulation about how to balance the right and power between the parties and the court. Therefore, this paper discusses the issues about civil withdrawal in accordance with basic theory, foreign experience, analysis of the current situation and system construction. Besides introduction and conclusion, this paper is divided into four chapters.Chapter one is the basic theory of civil withdrawal. The author, from the perspective of the concept, defines this paper’s research object which is civil withdrawal, discusses the nature of the civil withdrawal and distinguishes it from related concept and systems. That is an important basis of understanding the meaning and effectiveness of civil withdrawal. Then, the chapter discusses the function of civil withdrawal.Chapter two is the current situation of civil withdrawal of our country. The author talks about civil withdrawal legislation and judicial practice of our country. Especially, through analysis of cases, try to question and reflect the causation theory and the rule of dropped cases in the procedure of second instance.Chapter three is the comparative study on civil withdrawal outside the mainland. The author, from the perspective of comparative law, analyzes the theory and regulations about civil withdrawal, and the enlightenment for system construction of our country.Chapter four tries to build civil withdrawal system for our country. This chapter mainly talks about basic principles and specific systems. This chapter is about the discussion on the duty of disclosure, the formal examination, the genuine consent right for defendant and changing the involuntary dismissal conditions.