Civil Withdrawal System

The system of withdrawing a civil action is playjng an important role in civil litigation,it fully materializes the basic principle of civil litigation-the principle of disposing.In judicial practice,it is not only an important embodiment of the party's exerting his litigious right,but also an important means that the court concludes a lawsuit.A scientific and reasonable system of withdrawing civil action concerns the guaranteeing of the party's legitimate rights and interests and the maintenance of normal litigation order.The code of civil laws of almost all countries prescribe it.However,the current system of withdrawing civil actions has been exposed of many problems because legal stipulations are unclear,simple and hard to be implemented.Practice proves that the system of withdrawing civil actions can no longer keep pace with the development request of society and market economy,so reform is just on the agenda.Because of this,this paper tries to take the lead in the reform of civil procedure,investigate the system of withdrawing civil actions in the international community and analyze the present condition of system of withdrawing civil actions in our country. At last,the author hopes to make a shallow study and put forward initial ideas for the perfection of the system in our country.This article is divided into four chapters.Chapter one:outlines of the system of withdrawing an action.This chapter is the foundation part of the article.It points out the concept and legal nature of the withdrawing civil actions;the differences between the concept of the withdrawing civil actions and other concepts concered. This part mainly makes a foundental explanation of the system of withdrawing an action.Chapter two:introduces the legal theoretics contained in the system of withdrawing civil actions.In this chapter,author analyses these theoretics particully and discusses how to balance when they conflicts with each other.The discussion provides the theoretical sustain for the perfection of the system of withdrawing civil actions.Chapter three:investigates the system of withdrawing civil actions in main countries of the two legal families,such as Germany,Japan, France,United State,Britain and analyses the difference between the system of withdrawing civil actions in the different countries From which we can see the international direction of development of the system of withdrawing civil actions.Chapter four:discusses the current system of withdrawing an action in our country and finds out the problems in the system.This chapter makes an analysis of the current legislation and draws an conclusion that in the current system,the power of the court is so strong that it imposes excessive intervention on the party's withdrawing an action;the two parties enjoy unequal litigious rights and the right of defendant is seriously ignored;the current system does not control the legal effects of withdrawing an action;the current system is not scientific and delicate in some details.And then,the important part of the article is coming.By thinking over the problems of current system,the chapter argues that we should use strengthening the principle of disposing and implementing the principle of equality as guiding principle when we try to perfect the current system.The author offers some suggestions for the perfections of the current system,hoping to construct a scientific and reasonable system which keeps pace with the development of the society and market economy,so it can fully play the role of guaranteeing the parties legitimate rights and interests and safeguarding judicial justice.Conclusion:this part sums up the structure,the circumstantility of writing and total achievements of this research.