China Civil Withdrawal

The civil withdrawing charges take place after litigant raises suit. As a very important institution in civil procedure, every country builds its own system of civil withdrawing charges in her civil procedure law. In judicial practice, withdrawing charge is a very important means of ending a suit. It is also an institution of protecting the rights of litigants.Withdrawal of civil action is one of most typical systems which embody the principle of disposition. The establishment and adoption of the system not only produces the parties procedural guarantee on litigious rights but also make sure the verdict of the court based on the willing of both parties. But the civil withdrawal system of our country is not well developed in the theory and practice, which causes a series of problems, because it does not get rid of the ides of the "trial power centralization", although it enhances with promotion of judicial revolution in recent years toward science and democratization. This article starts with the jurisprudential basis of the withdrawal of a civil action, firstly analyzes the system of the withdrawing of civil actions briefly from its conception, division and character, emphasizing the research of this article is limited in aspect of the withdrawal action of the plaintiff. Reviews its problems, and tries to do some exploration on the improvement of the existing system on the basis of the comparison among Chinese civil withdrawal actions and that of both common law and civil law system.