Civil Withdrawal System

Withdrawing system is an important civil system, and withdrawal is also an important civil right the parties have. Data show that, withdrawal as a close function occupies a considerable proportion of civil procedure. However, the system in our country's civil legislation has not been given due attention making the judicial practice unsystematic and chaotic. The current system need be reformed urgently.This article can be divided into three parts.The first part is about theories of withdrawing system, including the conception, basic factors, reasons and jurisprudential analysis of withdrawing of civil actions. The definition of conception delimitate the scope of study, the analysis of basic factors illustrate the condition of validation of withdrawing, the investigation of causes of withdrawing explain the reason why the system need be reformed and how to start the reform, the elaboration of jurisprudential can guide the constitution of withdrawing system.The second part is about the study of extraterritorial system. Through studying the legislation of the civil withdrawing system of the major countries of the two legal systems, the article reveals many similarities, the defendant have some conditional right of disposition, strict use of legal withdrawal, limit the freedom of prosecution after withdrawal, flexible provisions of the cost of litigation.In the last part the author fully introduce withdrawing system in China Civil Procedure Law and propose some specific perfect measures. Firstly, compare on withdrawing system in civil legislation in different period, analysis the deep reasons about those different provisions, show defects in percent civil legislation. Secondly, guiding by the jurisprudential of withdrawing system and studying the related system of extraterritorial system the author propose some feasible and specific advises of reform. Specifically include the following, clear the basic factors of withdrawal, establish a system that give relief to plaintiff's non-real expressed intention, strict use of legal withdrawal, give the defendant some conditional right of disposition, change the cost of litigation in different situation, limit the freedom of prosecution after withdrawal.