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《中国劳动科学》今年第4期登载了孙卫华同志《也议劳动争议案件的撤诉——兼与马汉生同志商榷(以下简称《孙文》)一文,该文在对该刊1989年第8期马汉生同志《劳动争议案件撤诉初探》(以下简称《马文》)一文中提出的撤诉定义进行分析的同时,提出一个观点,认为:“其涧实撤诉还有一层含义,便是申诉人撤诉,一般视同未申诉,仍然可以再行申诉,所以,反过来说,撤诉也并不意味着案件的停止审理和案件的终结,而只能是视同申诉人未申诉,案件撤销而已。”如此,就忽视了撤诉的法律性、严肃性。 照理说,撤诉是申诉人基于明确表示对自
“China Labor Science” No. 4 this year, published Comrade Sun Weihua, “also discuss the case of labor dispute with the withdrawal - and discuss with Ma Hansheng comrades (hereinafter referred to as” Sun Wen “) article, the article in 1989 eighth issue Ma Hansheng While commenting on the definition of withdrawal withdrawal made by Comrade Comrade Mao Zedong in ”First Investigation on Labor Dispute Case Dispute“ (hereinafter referred to as ”Ma Wen“), he also put forward a view that ”there is another layer of meaning in withdrawing a complaint from the complainant, As the same as the non-appeal, you can still appeal again, so, on the other hand, withdrawing a suit does not mean that the case should be stopped and the case ends, but only as if the complainant did not appeal or the case was withdrawn. "Thus, To ignore the withdrawal of the law, seriousness. It is reasonable to say that the withdrawal of the complaint was based on the plain expression of the complainant