Research On The Civil Withdrawal System

Civil withdrawal system is a basic system in civil procedure,it is also a common way for closing cases in judicial practice,which could help the contesting parties to protect their right of disposition and safeguard judicial justice.Influenced by the Soviet Union's power doctrine litigation mode,in China,Civil withdrawal system is often unable to get rid of the restriction of the "jurisdiction-based" thought,and lacks respect and protection for the rights of the parties.With the advancement of the judicial system reform in China,the original civil withdrawal system has been unable to adapt the needs of The Times.Balancing the litigation rights of both parties and protecting the disposition rights of the parties have become an important breakthrough in reforming and perfecting the civil withdrawal system.In addition,in the current civil procedural law and judicial interpretation,there is no more systematic and comprehensive regulation of the civil withdrawal system.Our country is different from the common law countries,so we can't perfect the civil withdrawal system according to the legal precedent.This thesis starts from the basic problems of the civil withdrawal system,according to the current situation and existing problems of China's civil withdrawal system,and draws lessons from foreign experience.It puts forward some specific Suggestions to perfect the system of civil withdrawal from the aspects of standardizing the exercising range of withdrawal right,restricting the court's examination right,balancing the litigation rights of the parties,and elaborating the consequences of withdrawal.