On The Legal Effect Of Civil Withdrawal

As an important system in the civil procedure law,the civil withdrawal system is of great significance to guarantee the freedom of the parties and to improve the efficiency of the court.Therefore,it has important position in the civil procedure law of all countries in the world.The legal effect of civil withdrawal has always been a matter of concern.The legislative provisions on the legal effect of civil withdrawal in China are deeply influenced by the traditional litigation model and the litigation value orientation.Compared with the developed countries,due to the lack of sufficient theoretical support and the improvement of the legislative technology,there are many problems in practice.This paper adopts the research methods such as case analysis,system analysis,comparative argument and so on,combined with the relevant laws in our country and points out the lack of reasonable regulation after the first instance of the withdrawal,the ambiguity of prescription of action.This chapter describes the principle of disposition,the principle of procedure stability,the litigant equal principle,and the principle of litigation efficiency.It learns from foreign advanced rules,combined with China's current national conditions.It emphasizes that we should reasonably limit the prosecution again,make sure withdrawal of litigation can lead to the discontinuation of limitation and improve the withdraw system.