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The Study Of Civil Withdraw Charges

Posted on:2017-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2296330485466448Subject:legal
Abstract/Summary:PDF Full Text Request
Civil Withdraw charge system is one of the most important systems in the civil actions, and it is one of the many ways to end the civil proceedings based on the free wills of the client. The setting of this of system is not only a respect of the client’s privacy, but also a restrain to the jurisdiction. Yet the study of civil withdraw charge system has always been on edge. Since the setting of the Civil Procedure Law of the People’s Republic of China (trail) in 1982, to the second revision of the Civil Procedure Law of the People’s Republic of China, the related law terms of Civil withdraw charge system have barely been changed. Some adjustments to the civil withdraw charge system have been introduced by the About the Explanation to the Civil Procedure Law of the People s Republic Of China enacted by the supreme court in 2015. This move is a kind of breakthrough to the perfection to the civil withdraw charge system. But there are still some flauts in this system, such as how to achieve the true balance among clients and how to measure the judge’s standard of review. There are diversed forms of civil withdraw charge systems, and relatively there should be diversed forms to guarantee the system. Therefore, how to balance the benefits of clients, how to identify the duty of the judge and how to identify the relavant security system is of great importance to the perfection of the civil withdraw charge system.
Keywords/Search Tags:civil withdraw charge system, withdraw system, disposition principle, litigation efficiency, procedure stablization
PDF Full Text Request
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