Research On Civil Withdrawal System

In recent years,the rate of withdrawal of civil cases in China continued to rise.With the withdrawal of the judicial practice in the extensive application of the withdrawal of the system of economic fast,respect for the advantages of conspiracy to be demonstrated,but also exposed unfair withdrawal,withdrawal of prosecution after the high rate of prosecution.Based on the basic theory of civil withdrawal,this paper analyzes the civil withdrawal system in other countries and regions,and draws lessons from its good experience for reference.The article points out that the lack of relevant legislation and the unscientific design of the system itself the root of the problem.In view of the shortcomings of the current civil withdrawal system in our country,the paper puts forward that the reform and perfection of the system should be guided by the principle of balance between the parties' right of disposition and the balance of the power of the court and the balance of fairness and benefit value.In the specific system design,through the construction of consensual withdrawal system,strengthen the court to clarify the obligations,pay attention to the defendant protection,improve the supporting measures and other specific methods to achieve the convergence of theoretical and practical needs,and promote the further development and improvement of China's civil withdrawal system.