Dismissed The Prosecution Of Research

In legal practice, the determination to dismiss a prosecution is often confused with the judgement to dismiss a motion. The result is that it is hard to protect the party's rights and interests. Basing on a real case and the comparative research on right of case theory , this article will focus on the discussion of the condition to dismiss a prosecution. The nature of right of action decides the scope of jurisdiction.And its requirements are the premise and base of the court's judgement. Only when a case has its requirement, can it be under the jurisdiction of the court. If the court has accepted a case which does not have its requirements , it should make a determination to dismiss the prosecution. This article carries out a deep research mainly on the possibility and necessity of a case . Basing on the research, the article summarizes the different conditions of dismissing a prosecution, analizes the problems existing in the legislation and judicial practice and brings forward some legislative and judicial advices.The system of dismissing a prosecution in China is imperfect in legal pracitce for the reasons that Civil Procedural Law of PRC has not obvious requirements for right of action and its premise to docket a case and dismiss a prosecution,the jurisdiction of the court is narrow, the regulation about the qualification of party is improper and that the legislation has not addopted the concept of the interests of action. In a word,it is now very urgent to revise some related articles of Civil Procedural Law of PRC.