民事撤诉制度中被告权益保障之困境与破解

Dilemma and Solution of Protection of Defendant's Rights and Interests in Civil Withdrawal System

作为法院审结案件的方式之一,撤诉的立法本意是充分尊重当事人的处分权,保护当事人诉讼利益和诉讼秩序的稳定。然而现行立法中对撤诉制度的规定,采用的是原告独立掌控撤诉申请权和法院单向地行使裁量权的运作程式,撤诉仅在原告和法院之间进行,漠视被告的程序主体地位和权益,导致撤诉中原被告之间权益严重失衡。文章拟从被告的权益保障为视角,对撤诉制度运行规范化中存在的一些重点问题进行探讨和分析,均衡原被告双方权益。

As one of the ways for the court to conclude a case,the original legislative intention of withdrawing a lawsuit is to fully respect the disposition right of the parties and protect the interests of the parties and the stability of the litigation order.However,the current legislation on the withdrawal system adopts the operating procedure that the plaintiff independently controls the application right of withdrawal and the court unilaterally exercises the discretion.The withdrawal is only carried out between the plaintiff and the court,ignoring the defendant's procedural subject status and rights and interests,resulting in the serious imbalance of the rights and interests of the original defendant in the withdrawal.From the perspective of the protection of the rights and interests of the defendant,this paper intends to discuss and analyze some key issues existing in the standardization of the operation of the withdrawal system,so as to balance the rights and interests of the original defendant and both parties.