Study On The System Of Withdrawing A Civil Action

The civil system of action withdrawl is essential in law of civil procedure.It concerms three important theories,they are:the main theory,principle of disposition,and theory of procedure stabilization. It reflects conflict and balance between disposition of the parties and the jurisdiction of the court, action fairness and efficiency,protection of the right and program stability.In judicial practice,civil court of withdrawal is also an important way of completed cases. Civil withdrawal is so important, but China's Civil Procedure Law of the withdrawal provisions are not perfect lacking of operational practice. Therefore, withdrawal of the civil system is imperative to reform and improve.The paper introduces the basic concepts of civil withdrawing actions and analyzes its character,and probing into foreign system of civil withdrawing actions,analyze its'present condition in our country.Based on basic legal principles of civil litigation,the author hopes to make the first step for rebuilding the system of withdrawing actions.This article is divided into three chapters.Chapter one is the basic introduction to the civil system of action withdrawing.Firstly,the author introduce several concepts from foreign countries and lists several popular concepts in our country ,by giving comments and contrasts,the author concludes the concept. From the type of withdrawal from the civil, condition, legal effect and so the system introduced legislation Withdrawal of Civil Status.At last from the main of civil withdrawing , withdrawal of the system listed the defect of the rights and obligations of civil court, the defendant, the plaintiff.The author expounds the defects of the current system in several other respects.The second chapter describes major countries specific provisions for civil withdrawal of the two legal systems. This chapter lists France, Germany, Japan, the United States, Britain and other major national legislation on the two legal systems of civil withdrawal system. After a comparative study, summed up civil common of the two legal systems in withdrawal to integrity reference for withdrawal system of our civil.The third chapter is the reform and improvement of withdrawal of civil of the system. This chapter first describes the main of the procedures principle, principle of disposition,and theory of procedure stabilization for the Improvement of the Civil withdrawal system providing a solid theoretical foundation. Then from constitute elements of the system the withdrawal and withdrawal effects, treatment by withdrawal, standard withdrawal rule, damages issues and the evidence of effectiveness and cross-examination to reform and improvement.