Theory Of Case System In Civil Lawsuit

The fourth plenary session of the party’s 18 in the aspect of promoting the rule of law also highlighted to deepen the justice of human rights, establishing and perfecting the litigation rights of the parties.The litigious right as a basic right, the parties is their basic rights to participate in civil litigation, and of the citizen’s basic rights stipulated in the constitution.The parties to a civil case is an important litigation rights, embodies the principle of litigation rights of the parties.In China’s current system of procedural law for the regulation of the litigation rights and obligations of the parties there is a certain degree of inequality, especially with regard to the provisions of the case the plaintiff side aspect exists the phenomenon of vague, general, 4 introduced in February 2015, the supreme people’s court about apply "the civil procedure law of the People’s Republic of China the interpretation for the parties in the application for the withdrawal of the suit although there are some relevant explanation, but also some deficiencies, this article in line with the pursuit of the spirit of fair, justice, elaborates the application for the withdrawal of the suit of the relevant laws and regulations on the parties.In this paper, a total of five parts, the first part of the comparative study of the concept of the withdrawal of the suit for civil lawsuit, dropped by the concept of the civil case in court, the case from the perspective of administrative decision for the difference between the point of view, this part from the body of the application for the withdrawal of the suit the cause of the differences, put forward the decision for different specific behavior, the plaintiff on the consequences of different aspects and so on.Second part for our country civil case system problem analysis, mainly from the supreme people’s court about apply "the civil procedure law of the People’s Republic of China the interpretation of the legislative spirit, combined with trial practice, from the aspects of legislation, including the civil trial, the provisions of the plaintiff’s application for the withdrawal of the suit, the problems of existing legislation and judicial practice two aspects has carried on the analysis and opinion.Of first instance in the application for the withdrawal of the suit or a case can be dealt with the case according to law, if the parties have a violation of the law need to handle in accordance with the law, the people’s court may not allow the withdrawal of the suit or not be the case.The court the plaintiff’s application for the withdrawal of the suit after the end of the debate, the defendant does not agree, the people’s court may not be allowed.In the second instance, in the procedure of second instance, the original plaintiff apply for withdrawal of prosecution, subject to consent by the other party, and does not damage the interests of the state, social public interests and the lawful rights and interests of others, the people’s court may allow.To allow dropped, the referee shall rule to cancel the trial of first instance.The original plaintiffs in the procedure of second instance to withdraw his prosecution after repeated prosecution of the people’s court shall not accept it.Retrial, in the first instance of the plaintiff in the retrial proceedings apply for withdrawal of prosecution, subject to consent by the other party, and does not damage the interests of the state, social public interests and the lawful rights and interests of others, the people’s court may allow.Makes an order granting dropped, shall cancel the original judgment.The plaintiff in the retrial proceedings of trial to withdraw his prosecution after repeated prosecution of the people’s court shall not accept;The third part is about dropped outside the civil lawsuit system of measures, mainly from the perspective of written law system and common law legal system, the selection of typical countries or regions of the civil case law, elaborates the system of regulation, analyze its advanced;The fourth part is according to the problems existing in the civil case in our country puts forward several Suggestions, from perfecting the civil procedure law theory and specific specification dropped the time limits, increase part dropped, evidence of dropped after use restrictions, weakening the role of court in the case, the plaintiff clear way, the right to withdraw the defendant’s rights protection to the analysis of the insufficient part of the civil case system in our country at present. Such as the proposed increases in compensation of the defendant’s litigation expenses necessary rules.Not only can restrict the plaintiff to avoid litigation risk and dropped right abuse, still can make the defendant’s legitimate rights and interests are protected.Really let the parties in the checks and balances and equal status, and to realize the rational allocation of judicial resources effectively.At the same time also can realize constant check, case of dispute " the ultimate goal, so as to carry out sustained litigation right in legislation and judicial proceedings equality, procedural justice and the pursuit of efficiency value concept in the proceedings.China’s socialist modernization construction to absorb all the outstanding achievements of human civilization, the implementation of the rule of law, the construction country under the rule of law is an important symbol of social progress in China.For governing the country according to law, safeguard the people’s democracy, not only conducive to give full play to people’s initiative, enthusiasm and creativity, and is conducive to safeguard national political economic and cultural undertakings, such as orderly.The purpose of this paper is to through the comparative analysis of legislation difference both at home and abroad, combined with trial practice, further strengthen the judicial protection of the parties to litigation, to the procedures specified in the legal protection system and lawsuit really fell to every stage and link in civil litigation, trial and enforcement activities in accordance with the specification, the harmonious litigation, prevent due to procedural omissions injustice on the parties, affect the exercise of the litigation rights, the entity rights damage.Put forward how to further implement and improve the system of decision for the civil lawsuit of our country, promote the construction of the socialist legal system with Chinese characteristics.