Research On The Improvement Of Civil Withdrawal System In China

As a mani festation of commanding theright of disposal, the withdrawal of a suit is also one kind of legal way to put an end to the civil case, so the the right of withdrawal a suit should be respected and guaranteed by the court. The establishment and application of the withdrawal system can not only lay the foundations for the right of disposition, but also lead to the rational use of the limited judicial resources on the basis of the respect for the equal litigation rights of the litigants. In addition, it can avoid unnecessary lawsuits getting Into the judicial process and improve the overall efficiency of litigation. As an effective mean of disposing their own rights and a settlement way of the court, the withdrawal system reflects the ultimate goal of resolving disputes and it’s important position in the civil litigation. Therefore it requires a set of normative and specific standard to ensure the implementation of it.But at present, the civil withdrawing system in China is not detailed enough and lack of operability, so it’s disadvantages appears day by day no matter in the legislation or in the judicial practice. It is because of the disadvantages that the ultimate goal of resolving disputes become more difficult to be effectively implemented. And as a convenient, effective and fast way of settlement, withdrawal is increasingly showing a rising trend in nearly10years. According to the survey data, the number of mediation and withdrawal has already been more than half the number of the completed cases, which is more than the average level of other countries. And such a high rate have drawn people’s attention increasingly.This paper will directly explore the problems in legislation and practice of the civil withdrawal system, and further analysis the status quo of withdrawal system to clear the characters and locate the value orientation that belongs to it in order to put forward the theory of improving our civil withdrawing system. This paper divides into three parts. The first part is mainly to analyze the specific problems of the civil withdrawing system which mainly includes the lack of legislation, the high rate of withdrawal in practice as well as the distribution of the power between the court and the litigants. And further reveals the negative influence on the society and all the different parties. The second part mainly talk about foreign civil withdraw system including the continental law system, such as Germany and Japan as well as the Anglo-American law system such as Britain and America. According to the introduction to these countries related system of civil withdrawing, we can obtain related experience for reference. The third part is to come up with the solutions proposed to improve our withdrawal system on the basis of the methods which other countries have carried out. At last, the paper makes a a simple summary of the full text.