论我国民事二审程序中原审原告的撤回起诉权-民事诉讼法专业论文.docxVIP

审中撤回起诉，但也应当完善一些配套的制度设计以实现对其二审撤回起诉权的 限制适用。最后从制度设计层面对我国民事二审中原审原告撤回起诉权的正当程 序性构建提出了一些具体的完善之策。 关键字：民事诉讼 二审程序 原审原告 撤回起诉权 - - 2 Abstract Dropped as the parties the right to dispose of a lawsuit behavior, is a reflection of the autonomy of the parties in the proceedings. Therefore, in order to respect and show the dominant position of parties in civil litigation, Either in Chinese civil litigation theory or in the other country’s of the world, The system of withdrawal is an extremely important piece of litigation. In China, due to the insufficient and imperfect legislation, our system of civil withdrawal has many flaws and shortcomings, among which the problem whether the plaintiff enjoying the right of nolle prosequi on the original judgment in the second-instance trial has long been a controversial topic in both theory and judicial practice sectors. Either the updated promulgation and implementation of the new code of civil procedure in 2012 or the previously old law, makes no explicit provision for this front issue. In view of this, Basing on two cases of judicial practice in a number of procedural issues which raised during the trials, this article attempts to carry out a comprehensive and systematic discussion on whether the plaintiff enjoying the right of nolle prosequi on the original judgment in the second-instance trial, in order to make contribution for perfecting Chinese system of civil withdrawalin future legislation and guiding judicial practice In addition to the introduction and conclusion, this paper is divided into the following four sections, a total of about 25,000 words: The first part is raising question——two case-law thinking. This section starts from two judicial practice cases in the first trial arising from the trial the plaintiff applied for a nolle prosequi in raised a number of procedural issues, and points out several different views and opinions existing in judicial practice, then the legal issue behind the present case, namely whether the pl