The Practical Dilemma Of Dismissing Actions In Civil Second Instance Procedure And The Suggestions For Its Improvement

The withdrawal of the prosecution system in the second instance of civil litigation is an indispensable part of the civil withdrawal prosecution system,and it is also an important manifestation of the parties' exercise of the right to sue.The design of the civil second-instance withdrawal prosecution system requires not only a sufficient theoretical basis but also a response to the problems in judicial practice,in order to build a perfect second-instance withdrawal prosecution system.The civil second-instance withdrawing prosecution system was controversial at the beginning of its construction,and the theorists have engaged in heated discussions.The construction of the system has gone through the dispute between negative theory and affirmative theory.Eventually,my country's judicial practice has moved to the path of affirmative theory in the dispute.And in the judicial interpretation in 2015,the system was affirmed.However,the system has many difficulties in the process of judicial application,mainly manifested in the following aspects: contradictory application forms,resulting in inconsistent court review methods;confusing application of laws and regulations,resulting in unclear or inadequate application of laws and regulations in judgment documents Mistakes in quotes impair the credibility of civil justice;conflicting judgment results,conflicting chaos in many judgment results,harming the unity of civil justice;chaotic charging standards,chaotic charging standards cannot fully reflect the function and role of litigation costs.Aiming at the above-mentioned problems in the civil second-instance withdrawal prosecution system,we should legislatively take the perfect civil withdrawal-indictment system as the goal,fully consider the dilemma existing in current practice,and further reform and improve the civil second-instance withdrawal indictment system.And from the perspective of the protection of the rights and obligations of the parties,strengthen the protection and restrictions on the parties' reasonable exercise of the right to sue.From the perspective of judicial practice,strictly apply the procedure for withdrawing prosecution,and at the same time standardize the judgment document paradigm and standardize the writing of judgment documents.In short,it is necessary to scientifically improve the system of withdrawing prosecution in the second instance of civil law in an integrated manner,so as to effectively play the function of withdrawing the prosecution system in the second instance of civil law,so as to make it more in line with the requirements to protect the litigation rights of the parties.