论我国民事撤诉制度的完善

我国现行民事撤诉制度完全由原告自由决定而无需被告同意,且无次数限制,缺乏关于撤诉与诉讼时效关系的规定,难以实现双方当事人的平等地位,有效保护当事人合法权利。应当赋予被告对原告撤诉的否决权,并对原告撤诉次数加以限制,改革＂按撤诉处理＂的法律情形,增加规定起诉后又撤回的诉讼时效依然中断,由此对我国民事撤诉制度进行完善。

How to Perfect the Civil Withdrawing Charges System of China

The present civil withdrawing charges system in China is completely decided by accuser,s will without the defendant,s permission and limited numbers,which lacking of the regulation of applying for withdrawing and extinctive prescription,and it is difficult to turn the two party,s equal stage into reality,and effectively protect the party,s legal interests.So we should endow the power of veto to the defendant,limit the numbers of accuser,s of withdrawing,reform the legal situation of dealing with withdrawing,and add the regulation that the withdrawal extinctive prescription should be interrupted after sue.So the civil withdrawing charges system in China will be perfected.