撤回上诉和撤回起诉之间的冲突与协调

Conflict and Coordination between Withdrawal of Appeal and Withdrawal of Prosecution

上诉审中既有当事人申请撤回起诉,也有当事人申请撤回上诉,当两个申请同时被提出,民诉法及司法解释都未明确规定如何处理。通过分析300份裁判文书,司法实践中对此存在不同的处理方式。不完整的程序设计损害了民事诉讼程序价值。此处存在的冲突会影响当事人之间的平等诉讼地位和司法权威性。基于诉讼当事人平等原则和《最高院关于加强和规范裁判文书释法说理的指导意见》,法官对当事人提出的以上申请,都应在裁判文书中作出回应。

In the appellate review,both the parties applied for withdrawal of the lawsuit and the parties applied for withdrawal of the appeal.When the two applications were submitted at the same time,the Civil Procedure Law and the judicial interpretation of the Civil Procedure Law did not clearly stipulate how to deal with it.Through the analysis of three hundred judgment documents,there are different ways of handling this in judicature practice.Incomplete programming undermines the value of civil procedures.The conflicts will affect the equality of litigation position between the parties and the authority of the judicature.Based on the principle of equality of litigants and the"Guiding Opinions of the Supreme People's Court on Strengthening and Regulating the Interpretation of Judgment Documents",the judge shall respond to all above-mentioned applications submitted by the parties in the judgment documents.