Study On The System Of Withdrawing Prosecution In Civil Trial Of Second Instance

In the theory of civil action of each country?region?,the withdrawal system is an important system,and as one part of the withdrawal system the system of withdrawing prosecution in civitrial of second instance is particularly important.As to whether the plaintiff in the second trial can withdraw the lawsuit,the theoretical circle of our country has been disputing constantly.In practice,each court also has its own way.In 2015,the interpretation of the system of civil second trial withdrawal was promulgated by the supreme people's court of China,which isbased on the fairness and transparency of the judicial system,it absorbs the advanced theory of withdrawal theory and combines it to the basic national conditions of our country.It provisions that the plaintiff may withdraw the prosecutionin the criminal procedure of second trial,which makes up for the loopholes of the system of withdrawing prosecution in civitrial of second instance of our country's civil procedure law,it is helpful for our people's court to unify the process of the second instance in judicial practice,which has a high theoretical and practical significance.However,analyzing the present situation of the legislation of the civil second trial withdrawal system in China,it can be found that the law of our country is very simple in the system of civil second trial withdrawal,and there is no provision for the problems which are encountered in many judicial practices.By using the literature review method and the comparative method,the author briefly summarize the concept,constitute elements,and legal effects of our country's civil second-instance withdraw system,and also referring to the civil sentence provisions in some countries and regions of the extraterritorial civil law system to learn the advanced experiences and lessons,such as Germany,Japan,France,and Taiwan.In addition,the author research some problems in the judicial practice of withdrawing civil Second instance by summarizing the legislative status and judicial status of China's civil second-instance withdrawal system,such as the contradiction between the civil second instance withdrawal and the civil withdrawal of appeal,the unjust of prohibiting the second instance withdrawal,and so on.And Sorting out the problems in our country's civil second-instance withdraw system by summing up and analyzing the chaos in the civil second-instance withdraw system in judicial practice.This paper puts forwards some practical suggestions to solve the problems in judicial practice scientifically.