Study On The Protection Of The Rights Of The Accused In A Civil Withdrawing Charges In China

System of Civil Withdrawing Charges as an important institution of the Procedure Law, the legislative intention is to fully respect the litigant’s right of disposition, is the embodiment of autonomy in civil litigation. As one way of case the court concluded, the Withdrawing System set reasonable or not, is directly related to the protection of the interests of the parties and the maintenance of order in private law. However, our current system of civil procedure of the Basic Law on Civil Withdrawing the lack of systematic provision, there are many legal gaps. Single license of the withdrawal system adopted by the court, making withdrawal has become a legal action between the plaintiff and the court, defendant as one of the main proceedings, the law does not give their corresponding participation in the proceedings, the dominant position of the program is unprecedented disregard. By withdrawing treatment settings, for plaintiff and defendant the same delay in action, but provides different legal consequences, for the same conduct of different treatment practices contrary to the principle of equality of litigants, also dose not conform with the fairness of the proceedings. In addition, there is no count and other restriction against the further litigation by he withdrawal of the plaintiff, abusing the right to actio for the plaintiff to provide a safe passage, seriously affecting the stability and efficiency proceedings order contradicts the values. For withdrawal after the Statute of Limitations is interruption issues missing, causing confusion in judicial practice, the situation can easily lead to imbalance between the rights of the plaintiff and defendants.Therefore, for the current lack of legislation on the Withdrawal System of protecting the rights of the accused, how to safeguard the procedural rights of the accused in the Withdrawal System has become a serious problem. Therefore, based on the System of Civil Withdrawing theoretical analysis, based on the protection of the rights of the accused in a Civil Withdrawal System in China defect analysis, reference advanced practices of other countries and regions, proposed establishment of defendant’s program participation, giving the appropriate reply to withdraw consent; reconstructed processing system according to the withdrawal, the absence of any party to the proceedings action into adjustment trial in absentia, for the actions of the parties are failing to participate in proceedings applicable to be dealt with by withdrawing; for further litigation after withdrawal of the plaintiff’s behavior, from the United States of "twice withdrawal rules" to be limited, the plaintiffs urged caution exercised withdrawal rights; clear limitation of computation problems after the withdrawal to prevent delay; reasonable scientific provisions after the withdrawal of the burden of litigation costs, balancing the interests of both the plaintiff and defendant.