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一、行政撤诉的一般理行政撤诉是在法院对行宣告判决或裁定前,原告自自己的诉讼请求,而不再要求审判的行为。原告提出撤诉申请法院依法对其进行司法审查,并作出准许或者不准许裁定的法律制度,就是行政撤诉制度。原告提出撤诉,这是法律赋予原告的诉讼权利,是原告对诉权的一种处分行为,同时也是一种法律行为,并可能产生终结诉讼的法律效力。我国的行政撤诉制度和我国的民事撤诉制度有很大的不同,通过二者的比较,可以进一步理解行政撤诉制度的特性。第一,法律对这两种撤诉制度的规定不尽相同。《民事诉讼法》
I. General Administrative Withdrawal The administrative withdrawal is the act of the plaintiff from his own claim before the court pronounces the judgment or ruling on the line, and no longer requires the trial. The plaintiffs filed a lawsuit for withdrawal of an application for judicial review by a court according to law and made a permit or disapproval of the award, which is the administrative withdrawal system. The plaintiff filed a lawsuit. This is a lawsuit given to the plaintiff by the law and is a sanctioned act of the plaintiff on the right of action. It is also a legal act and may have the force of law to end the lawsuit. The administrative withdrawal system in our country is quite different from the system of withdrawal of civil claims in our country. By comparing the two, we can further understand the characteristics of the system of administrative withdrawal. First, the law has different provisions for these two withdrawal systems. “Code of Civil Procedure”