For Legal Services Contract Dispute With The Legal Analysis

Civil withdraw system is one of the important civil litigation system, it is the rule ofautonomy in private law in action the extension of field, is the respect of the disciplinary rightof the parties, and also the disciplinary right of the parties to the conflict between the courtjudicial authority and the embodiment of the balance. Although the our country civilprocedure law to withdraw system also has a regulation, but not enough detailed provisions,still a large defect, so that in the judicial practice related problems met in the inconvenience towithdraw concrete operation, limiting withdraw system function, the system value is difficultto fully realized. How to perfect our withdrawal system that the great subject, right in ourevery law before men. Starting from the specific case, to withdraw the problems related to theresearch, which helps solve the actual problem, can also for withdrawal system in our countrythe further improvement of reference.In this paper, the author in the narrow sense that the plaintiff first application forwithdrawal withdraw prosecuted and court according to withdraw processing as the Angle ofview, with specific cases, from the case and found in the disputed points, and then to focus onproblems and disagreement, by analyzing the problems related to the to draw my dropped towithdraw such as court should be on what examination, withdraw can interrupt proceduraland whether the right of evidence, a rough opinion, according to the analysis of the foregoingpart to put forward his opinion on the processing of the case. The author knowledge is limited,laugh and easy is not afraid of this paper dropped in China only perfect the system of thebeneficial.This paper, besides introduction, the main facts of the case, including introduced focusand disagreement and research conclusion three parts.Preface part: the reasonable design of the system that withdraw to the judicial practice inthe processing of specific problems to have the important meaning.Part1: the case is introduced. Brief introduction of the program involved with droppedlegal service contract dispute case, including the fact that the plaintiff and the defendant statedthe claims, the opinion and court excuse of facts and find out the results.Part2: cases focus and disagreement. Withdrawal from the point of view of systeminduction, refining and list the focus case, and puts forward the problems related to thewithdrawal of the disagreement, and indication of their reason and its basis. Part3: study concluded. This part is a central part of this paper, through the central issueof case of disagreement and thorough analysis and draw the following seven researchconclusion:1. The cases to court to make a decision to withdraw the charges is not reasonable;2. The charge dropped after the prosecution and the number of times the charge dropped, shallbe limited by reasonable;3. Withdraw usually can’t interrupt limitation;4. Withdraw after theprosecution in within the time limit for adducing evidence of this should be submitted inYuanSu within the time limit for adducing evidence of evidence submitted in some conditions,can “answer authority”, with evidence that effect;5. Against the plaintiff of the right towithdraw, should give the defendant withdraw mind right;6. Withdraw right and the judicialpower of the mutual relationship, they do cooperate with each other and restraining each other,in an interactive state;7. According to the analysis of the problems discussed, how to handlethe case opinions are put forward.