The Practice Status Of Civil Withdraw Regime And Problems Studies Abstract Of The Article

The regime of civil suit withdraw is a crucial part of the system ofcivil procedure. The design and application of the regime of civil suitwithdraw can reflect the protection to the parties provided by thejudicial system and the balance between the judicial power and the rightof disposing of the parties. The judicial system of our country has changedfrom the super-ex officio doctrine to the adversary model since thecommence of judicial reform in1997. However, the expression of the civilsuit withdraw by the litigation lasts for decades. The attitude isconservative, the expression is vague, judicial control is the key.Meanwhile, the attitude of the judicial practice to the withdrawapplication reveals to be extremely positive and even persuade the partiesto submit the withdraw application without any rejection.The conservative litigation expression conflicts with the radicaljudicial practice, which leads to the confusion and dilemma. It isnecessary to make empirical study to find out the problems and thus raisethe suggestion to improve the civil suit withdraw regime.The dissertation starts from the concepts of the civil suit withdraw,clarifying the concept among the withdraw and other relevant concepts and analyzing the specific practice in first instance, second instance andre-trial and find out the problems. And raise the idea of improvement.The article consists of five parts.The first part: comparative study of the concepts of civil withdraw.This part summarizes the definition to the civil withdraw made by scholarsof academic area and then analyze accordingly, clarify the concept ofcivil withdraw, appeal withdraw and claims withdraw. Secondly,distinguish different kinds of civil withdraw, and raise the concept ofmalice withdraw.The Second part: Jurisprudence analyze of regime of civil withdraw.The part is further divided into three small parts. The first partsummarizes the theory sustaining protecting the right of withdraw of theparties. The second part lists the theory of restrict the right of withdraw of the parties on perspective of judicial tradition and academictheory. The third part highlight that we should set up the regime ofwithdraw reasonably interfered by the court on the base of the protectionof the parties right and thus reach the balance between judicial powerand the right of disposing.The third part: the study of overseas regime of civil withdraw. Thisparty surveys the civil withdraw regime in Britain, United State, Germanand Japan.The forth part: the problems and the status of the civil withdrawregime of our country: the part mainly introduce the litigation the civilwithdraw regime and draw the conclusion that there is concept of "automatic withdraw"besides the applying withdraw and handlingaccording to applying withdraw. The part also introduces and analyzes theproblems faced in the first instance, second instance and re-trial.The fifth part: this part proposes the suggestions to improve the regimeof civil withdraw from three aspects.1. Set up the regime of civilwithdraw on base of parties agreement according to different stage of thesuit;2. Reform the interventional mechanism by the court towards thecivil withdraw;3. Set up the regime of withdraw registration, regulatingthe malice withdraw. This part tries to raising the ideas to improvingand innovating the present theory.