Research On The Taken As Withdrawal An Action System Of Civil Litigation

Taken as Withdrawal an Action,refers to the Court according to the law,based on the complaint of the plaintiff party specific negative behavior,ends the proceedings and cancel the conduct of a case.As an important part of the Withdrawal an Action system,since 1982,The Code of Civil Procedure(trial),the Taken as Withdrawal an Action system has been found in China's civil procedure systems.In judicial practice,due to the system of the Taken as withdrawal lacking of legislation in itself,given a chance to judge's application of the withdrawal process of alienation,resulting in its legislative value is difficult to achieve.Therefore,to effect a radical cure the phenomenon of alienation of the Taken as Withdrawal an Action system,remedy the deficiencies of the system itself,you need to combine the system's theoretical basis and learn from the best in the foreign system legislation and perfect the legislation in order to realize the value of the system.Apart from the introduction and conclusion of this paper,there are four chapters,respectively centers on the theoretical study of the Taken as Withdrawal,the applicable status,legislative analysis,reference to extraterritorial legislation and perfection of the system to discuss.Each part reads as follows:The introduction overviews the taken as withdrawal system,a brief account of the background and key points of writing.Chapter one: the withdrawal deal with basic theory to make a more comprehensive analysis.Includes concepts,theoretical basis and system functions.Chapter two: status of alienation by the withdrawing system for review.Including the application of the status description of the alienation,alienation for the cause,consequences of application.Chapter three: on the system of withdrawal of legislative analysis.Chapter four focuses on how to perfect the system of litigation jurisdiction in our country.The conclusion summaries the contents of the essay and states the imperfection.