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本文分析了放弃诉讼请求的性质和特征,认为放弃诉讼请求是民事诉讼法上的一个独立概念,它与撤诉有显著的区别。在此基础上,本文澄清了我国司法实践中因放弃诉讼请求所产生的一系列问题,最后提出了若干立法建议,认为放弃诉讼请求制度至少应包括如下内容:在法庭言词辩论阶段,可以放弃诉讼请求;一方放弃诉讼请求,不必得到对方当事人的同意;放弃请求可明示,也可默示;放弃请求后,诉权被消灭,禁止重新起诉。
This paper analyzes the nature and characteristics of the request for abandonment of litigation. It is considered that the request for abandonment of litigation is an independent concept in the law of civil litigation, which is significantly different from withdrawal. On this basis, the article clarifies a series of problems arising from the request for abandoning the litigation in judicial practice in our country. Finally, I put forward some legislative suggestions that the system of requesting the abandonment of litigation should at least include the following contents: Request; one party to abandon the claim, do not have to get the other party’s consent; to give up the request can be express, but also implied; to give up the request, the right to be eliminated, prohibit the re-prosecution.