Perfection Of Action Withdrawal In Civil Litigation From The Perspective Of Interest Balance Principle

Withdrawal system is an important system of the Civil Procedure Law, andwithdrawal rights are also important litigation rights of the parties. This paper takesthe perspective of litigation interest in withdrawal system and views interest balanceas a link, to elaborate integration of the parties’ free exercise of the right of dispositionand the court’s judicial power of rights, the parties’ litigation rights equalityconstruction, and the unity of opposites of litigation rights protection and procedurestability. Withdrawal system, to a large extent, reflects a country’s litigation mode andlitigation value orientation. Therefore, the in-depth study of withdrawal system has adouble meaning in theory and practice. In recent years, problems hidden behind thehigh withdrawal rate cannot be ignored. In civil action, protection of the interests oflitigation subject is not balanced. On the one hand, a powerful position of the judge’sright of withdrawal review makes the parties’ right of disposition in a weak position;and on the other hand, the legislation emphasizes on exercise of the right ofwithdrawal of the plaintiff, and the defendant does not have the withdrawal veto right,which is unfair. And the legislation does not limit the conditions and the number ofplaintiffs’ withdrawal, which provides them with a platform for complaint abuse. Thewithdrawal process is inseparable from the interaction between the parties and thecourt. Meanwhile, the court and the parties are subject to different influences broughtby the withdrawal, and its essence lies in the different dimensions of the interests ofall parties. Therefore, the key to how to improve the withdrawal system is to balancethe interests of all parties. From the perspective of the interests of litigation subjects,this thesis conducts a research on withdrawal system, to explore an effective way tothe procedure involution. In addition to the introduction and the conclusion, this paperis divided into four parts: Chapter one: The outline of interest balance theory of civil action and civilwithdrawal system. This chapter includes the interest balance theory of civil actionand its application, the concept of civil litigation interests, procedure interests, andentity interest. It analyzes the influence of withdrawal on the interests of the court andthe parties. Comparing the withdrawal system with other systems in the civil action,the thesis elaborates the status of civil withdrawal system in civil system. Through theanalysis of the fundamental principles of civil litigation, it clarifies the constructionprinciples of the civil withdrawal system. From the perspectives of different subjects,the thesis regards punishment principle and neutrality principle as framework ofwithdrawal system, to uphold litigation order with principles of procedure stability.Chapter Two: Interest balancing in civil withdrawal system. Around procedureinterests, the chapter makes a specific analysis of litigation interests of the parties andthe court to clarify the current issues and the interests of the parties in law andpractice. It searches for the problem in order to find a withdrawal mode to balanceinterests of all parties.Chapter Three: The main reasons for the imbalanced interest of litigationsubjects. This chapter conducts an analysis from three aspects. First, legislativedefects, including prosecution after withdrawal is not restricted, the withdrawalcondition set does not take into account the protection of the defendant’s legitimateinterests, and there are no time stipulations for the plaintiff’s withdrawal. Second, thejudicial bias, withdrawal review system is not perfect, and the judge’s interpretationright is not in place. Finally, the concept of procedural justice is weak.Chapter Four: Withdrawal modes of balancing the interests of all parties,including the interest protection mechanisms: construction of the parties’ reasonablewithdrawal system and reasonable reset of withdrawal review standard; and buildinginterest balancing mechanism: interest balance of the plaintiff under different areas,setting the conditions for the exercise of rights, and judicial angle configuration rights.