The Study On The System Of Civil Withdrawing Charges

As one of the systems of civil litigation, the system of civil withdrawing charges is a very important way for the parties to exercise their lawsuit rights and for the court to close a case.It can safeguard the using of disposition rights for the parties and save the judicial resources.However,because of the loopholes of our current system of civil legislation on the withdrawal and the right to set the unreasonable failure to play its due role, it causes erosion of the plaintiff disposition,the injury on the rights of the defendant, a waste of legal resources and other negative consequences. Withdrawal of judicial practice, the abuse of the right of the plaintiff is also an objective phenomenon has seriously affected the stability and efficiency of the proceedings. However, even in the search for ever-changing system of civil litigation today, the problem has not been given adequate attention withdrawal and even been ignored in the Civil Procedure Law in 2007, we feel sorry for that. Rights protection and regulation of the system, after all, to be achieved through concrete. Leave the system change and justice, without mentioning the fair protection of the rights and litigation.Our attention to the syudy on the withdrawal system, appropriate action to protect the person's rights and legitimate interests in regulating the judicial practice of China, on Improving China's civil litigation system have a very important significance. Withdrawal of the basic theory of civil and legal basis, compared to withdrawal of foreign civil system, look at since the founding of the civil legislation, withdrawal of the regulation of civil has been in a perfect state, the problems apparent. Unilateral withdrawal of permission by the courts eroded the party's powers, super powers contrary to the Court of judicial neutrality and impartiality. Lack of protection of rights of the accused against the defendant litigation both parties interests are not in compliance requirements of the principle of equal rights litigation. Form of the plaintiff no clearly defined withdrawal and after withdrawal of the plaintiff then sued for unrestricted withdrawal of the objective for the abuse of the right plaintiff to provide a protective umbrella. Court to review the withdrawal of the program, withdrawal is causing interruption of limitation neither clearly defined laws, judicial practice, the confusion caused, harm to the judicial authority of the establishment and maintenance. After the withdrawal of all court costs to pay half of the provisions are not scientific enough.To this end, fundamental research in civilian-based withdrawal, withdrawal of foreign civil learn legislative experience, the author proposes a system of five complete withdrawal of Civil specific ideas. First of all, giving the defendant the withdrawal of consent, which not only ensures the rights of the accused and effective action to avoid withdrawal of the plaintiff the right to abuse, while limiting the plaintiff any further appeal after the withdrawal behavior. Secondly, from the legislative procedure applies for withdrawal of the plaintiff and court review of withdrawal of reasonable regulation to ensure stable and orderly process. The plaintiff to apply for withdrawal of the principle should be in writing and orally in the form of an exception, the court only for the formal application for review of withdrawal and shall make a ruling at the appropriate time. To ensure stability and orderly process.Once again, clear that withdrawal does not lead to interruption of limitation to avoid the judicial practice is not uniform. Finally, the proposed cut-off by the plaintiff to apply for withdrawal of the provisions of different scientific point of paying the cost of litigation.