A Study On The Perfection Of The System Of Civil Withdrawal Of Litigation

Civil withdrawal is one of the forms of withdrawal system,which is also known as simulated withdrawal system.According to the withdrawal system,the system has a unique system attribute and procedural character,which mainly refers to plaintiff's refusal to appear in court without justifiable reasons or the withdrawal of the court in the middle of the court,and the court regards this action as an act of withdrawal of the prosecution by the plaintiff on its own initiative.And the termination of the proceedings of the withdrawal of the form.Starting from the legal basis and system function of the withdrawal of litigation by plaintiff,this paper analyzes the defects in the system itself by analyzing the legal basis and the function of the system of withdrawing the lawsuit according to plaintiff.Using the method of case analysis and so on,this paper summarizes the problems existing in the application of judicial practice according to the method of closing cases according to the withdrawal of complaints,and refers to the legislative design of the extraterritorial law according to the record of the lawsuit,based on the current judgment of the trial and the rules of the involuntary withdrawal of the lawsuit,and so on.In order to further perfect the obvious defects of the system of civil litigation withdrawal in our country,we can not only accord with the basic principles of procedural law such as equal status of litigants and enjoy relief rights,but also accord with the basic principles of procedural law,such as equality of litigants' status and enjoyment of relief And give full play to the solution.The system function of getting rid of litigation impasse,litigation efficiency and so on.Through the research and comparison of the cases handled according to withdrawal in judicial practice,this paper summarizes the obvious problems and its influencing factors in the process of application of closing cases according to the withdrawal of cases.Put forward the suggestion that we should pay attention to and make corresponding amendments in the practice of perfecting the system according to the withdrawal of complaint.Based on the normative analysis of the characteristics of civil public interest litigation cases and representative litigation cases which are different from the general cases when the case is withdrawn,the author puts forward some suggestions which should be paidattention to in the application of the closing mode of the case according to the withdrawal of suit in this kind of special case.This paper mainly consists of five chapters.In the introduction part,this paper mainly focuses on the motivation and purpose of the study of the withdrawal of complaints,and makes a detailed review of the current situation of the research of the treatment of the cases according to the withdrawal of complaints,and introduces the main research methods adopted.The first chapter deals with the legal basis and institutional functions of the withdrawal of complaints.The right of disposition of the parties and the right of civil trial are the legal basis for handling the case according to the withdrawal of the lawsuit.The main content of the principle of disposition right is to restrict the civil judicial power of the court,which has a considerable restricting effect on the civil judicial power.This paper discusses the main content of the system function according to the withdrawal of complaint.The second chapter deals with the interpretation and analysis of the cases according to the withdrawal of charges.In order to make an in-depth study of the types of civil cases that exist in judicial practice,according to the above-mentioned laws and judicial interpretations,the types of civil cases settled in accordance with the mode of withdrawal of complaints,the form of plaintiff's omission,and so on,On the basis of limiting the extraction time and classifying the extracted cases,the author takes Peking University's magic weapon as the carrier to extract the information of the cases according to the withdrawal of the lawsuit,and from the case library of Peking University's magic weapon,"civil case" is taken as the key word,and "civil case" is taken as the key word from the case library of Peking University's magic weapon.This paper extracts the civil cases according to the requirements of key words,and analyzes the existing problems by adding an interpretation to the cases in accordance with the requirements of the withdrawal of the case.The third chapter deals with the defects of the system according to the withdrawal of charges.Based on the analysis of the imperfection of the legal provisions,this paper puts forward the defects in the legislative level of the treatment according to the withdrawal of the complaint.The fourth chapter according to the withdrawal of the system to improve the proposal.Put forward to according to the system of withdrawal of new provisions,revision of the relevant expression of the perfect proposal.The fifth chapter according to withdraw the lawsuit to deal with the case hearing consummation suggestion.By setting up the problems existing in the judicial practice,this paper puts forward some suggestions for the adjudicators to decide the matters needing attention in the judicial practice by ruling that the cases should be dealt with according to the withdrawal of the lawsuit.