民事诉讼撤诉制度事关当事人的诉权,体现着民事诉讼定争止纷的终极目标。而现行民事诉讼法的撤诉制度存在着不利于实现这一目标的急需改革的问题。笔者认为立法上应杜绝法律条文的隐性冲突,并以当事人权利平等或对等为理念来设计程序。 The system of withdrawal of civil proceedings relates to the parties’ right of action, which reflects the ultimate goal of civil litigation. However, there is an urgent need for reform in the system of withdrawal of prosecution under the current Civil Procedure Law, which is not conducive to achieving this goal. The author believes that legislation should eliminate hidden conflicts of laws and regulations and design procedures based on the principle of equal rights or reciprocity of parties.