Research On The Protection Of The Rights And Interests Of Defendants In Civil Withdrawal

With China's steadily growing economic development,the legal awareness of the population is growing,and the number of civil disputes settled by the courts is also increasing.Termination of prosecution,as one of the ways in which cases are closed by the courts,is very common in civil proceedings.It is a legitimate right of citizens to bring and withdraw a lawsuit,but it can also be abused,especially inintellectual property litigation.Looking at the report issued by the Supreme Court,It can be seen that the settlement of intellectual property cases in China is basically withdrawal,which often exists in the registered or unrelated design patent litigation.After the defendant has spent a considerable amount of labor and material resources to find evidence for the defense,he decides to withdraw the prosecution for the illegal purpose of damaging the legitimate rights and interests of others and destroying the normal market competition order;Such abuse of power not only damages the legitimate rights and interests of others,but also affects justice and power.In the current withdrawal system,the defendant is more in the weak party with neglected rights,and relying on the court review to decide whether the plaintiff can withdraw the withdrawal system is not in line with the development trend.Attention should be paid to the protection of the rights and interests of the defence in the withdrawal system.From the point of view of the defendant,analyzing the recall system and studying how to protect its legitimate rights and interests will help to perfect the civil review system and put the court at the center of both parties,maintain a balance.Although Article 238 of the Supreme People's Court's interpretation of the application of the < PRC Civil Procedure Law > stipulates: "A party applying for withdrawal of a lawsuit or case may be dealt with in accordance with the law,the people's court may not allow withdrawal or withdrawal of a case submitted by a party that violates the law and needs to be dealt with in accordance with the law.There has been progress compared to the previous situation in which the accused had no right of objection at all.However,it still has the color of "trial power",The initiative of judgment still rests with the courts.The lack of respect and protection for the rights of the parties,especially the accused,has gradually formed the original civil withdrawal system with the enhancement of people's awareness of rights can not adapt to the requirements of the times,How to balance the litigant's rights and protect the litigant's right of disposition has become an important content.Based on this,this paper selects the most common cases in the field of intellectual property disputes in which the plaintiff withdraws the suit for analysis,systematically elaborates all kinds of adverse consequences that the defendant may face after the plaintiff withdraws the suit,and makes exceptional distinctions for the cases in which the plaintiff initiates the suit out of malice and then withdraws the suit.It also tries to explore the way for the defendant to protect his own legitimate rights and interests when facing the plaintiff to withdraw the lawsuit,so as to better achieve the purpose of equal litigation status and procedural justice of the original defendant.