A Study On The Legislative Defect And Perfection Of The Withdrawing Charges

As an important part of the whole civil procedure law, the civil Withdrawing chargeswhich not only give the parties rights to dispose the civil proceedings, but also guarantee theparties full exercise of the disposition rights. Moreover, the withdrawing system in civilprocedure is one of the approaches of closing the civil action, which can result in the end ofthe civil proceedings. However, the provisions of our civil procedure law on this issue aretoo simple, and have many shortcomings which lead to heavy practical problems in theapplication of the withdrawing system. As our academic experts pay less attention on thisissue, the study on it is relatively easy and the findings of the research are apparently lessthan normal. Based on this situation, this article opposes specific ideas of perfecting theapplication for withdrawing charges in order to make instructive significance to theoreticalresearch and judicial practice.The thesis is divided into three parts:Part I: it mainly focuses on the legislative defect on withdrawing charges, and analyzes thepractical problems caused by it combined with specific judicial cases. And then analyze thedeep-seated reasons behind the legislative defect.Part II: investigate the world’s major countries’ withdrawal system from respective ofcomparative law, analyze the similarities and differences of it, and then think over the relatevalue behind it, and use it as a mirror to provide a reference for our legislative perfection onour withdrawing charges in civil procedure.Part III: Inspect the legislative defect, practical issues and causes, learn advancedextraterritorial legislative experience, and then propose specific legislative ideas to perfectour withdrawing system in civil procedure. Inspect the legislative defect, practical issues andcauses, learn extraterritorial advanced legislative experience, and then propose specificlegislative ideas to perfect our withdrawing system in civil procedure, which include sixaspects: clarify the conditions of applying for withdrawal, classify the withdrawing chargesas the scope of the special agent authorization, readjust the attribution of application rights ofwithdrawal, allow the parties to make agreement on withdrawal and its effect, establish thelegal situation of not permitting the withdrawing as well as clarify the legal effect of thewithdrawal charges.