Article 170, Paragraph 1, Item 4 of the Civil Procedure Law

Article 170:Second-instance people's courts are to handle appeal cases separately in accordance with the following circumstances after trial:

1) Where the facts ascertained in the original judgment or ruling are clear and the law is correctly applied, the appeal is rejected by means of a judgment or ruling, and the original judgment or ruling is upheld.

Decide; 2) Where the original judgment or ruling was erroneously ascertained in fact or the law was applied incorrectly, the judgment or ruling is to be changed, revoked, or modified in accordance with law;

3) Where the basic facts found in the original judgment are unclear, rule to revoke the original judgment and remand to the original people's court for new trial, or change the judgment after clarifying the facts;

4) Where the original judgment omits parties or makes an unlawful judgment in absentia, or otherwise seriously violates legally-prescribed procedures, a ruling is made to revoke the original judgment and remand to the people of the original trial.

Retrial by the court. Where after the original people's court makes a judgment in a case remanded for new trial, and the parties raise an appeal, the second-instance trial court must not remand for new trial again.

Article 132 of the Civil Procedure stipulates that if a party who must conduct a joint litigation does not participate in the litigation, the people's court shall notify them to participate in the litigation. Any omission of a party is a violation of procedure. Article 144 stipulates that if the defendant is summoned by summons and refuses to appear in court without a legitimate reason or leaves court without permission, a judgment may be rendered in absentia.

Article 143 stipulates that if the plaintiff refuses to appear in court without a legitimate reason or leaves the court without permission after being summoned by summons, it shall be handled as a withdrawal of the lawsuit, and if the defendant counterclaims, a judgment may be rendered in absentia. Article 145 stipulates that if the plaintiff applies to withdraw the lawsuit before the judgment is announced, the court shall make a ruling on whether or not to allow the withdrawal of the lawsuit, and if the plaintiff refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia. If the law is violated, it is a violation of legal procedure.

All of the above serious violations of legal procedures need to be remanded to the original trial court to form a collegial panel for retrial.

Legal analysis: Article 154, Paragraph 1, Item 11 of the Civil Procedure Law refers to other matters that need to be resolved by adjudication.

Basis: Article 154 of the Civil Procedure Law of the People's Republic of China applies to the following scope:

1) Inadmissibility;

2) There is an objection to jurisdiction;

3) dismiss the indictment;

4) preservation and prior enforcement;

5. Permit or disallow the withdrawal of the lawsuit;

6) Suspending or terminating litigation;

7) Correcting clerical errors in the judgment;

8) Suspend or terminate enforcement;

9) revoke or refuse to enforce the arbitral award;

10) Not to enforce the creditor's rights documents that the notary public has given the chain mu enforcement effect;

11) Other matters that need to be resolved by ruling.

Rulings in items 1 through 3 of the preceding paragraph may be appealed. The ruling document shall clearly state the outcome of the ruling and the reasons for making the ruling. The written ruling is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed. Where an oral ruling is made, it is to be recorded in the record.

Hello, Article 157, Paragraph 1, Item 11 of the Civil Procedure Law stipulates that other matters that need to be resolved by adjudication shall be subject to the Rules. The first paragraph of Article 157 of the Civil Trouser Litigation Law provides as follows:

1. Inadmissibility; 2. There is an objection to jurisdiction; 3. Dismissal of the lawsuit; 4. Preservation and prior enforcement; 5. Permission or disapproval of withdrawal of the lawsuit; 6. Suspend or terminate the lawsuit; 7. Correcting clerical errors in the judgment; 8. Suspend or terminate enforcement; 9. Revoke or refuse to enforce the arbitral award; 10. Refusal to enforce the creditor's rights document given compulsory enforcement effect by the notary public; 11. Other matters that need to be adjudicated and resolved. <>

Summary. Article 148:Where before the judgment is announced, where the plaintiff applies to withdraw the lawsuit, the people's court is to rule on whether to allow it.

Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia.

What is the first paragraph of Article 148 of the Civil Procedure Law of the People's Republic of China?

Hello, I have seen your question and am sorting out the answer, please wait for a while Article 148 Before Xuanshan is judged, if the plaintiff applies to withdraw the lawsuit, the people's court shall rule whether it is allowed in the file. Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason to make a fool's mistake, a judgment may be rendered in absentia.

This is the catch-all clause to which the award applies.

Article 154:Rulings apply to the following scopes:

1) Inadmissibility;

2) There is an objection to jurisdiction;

3) dismiss the indictment;

4) preservation and prior enforcement;

5) Permitting or not permitting the withdrawal of the lawsuit;

6) Suspending or terminating litigation;

7) Correcting clerical errors in the judgment;

8) Suspend or terminate enforcement;

9) revoke or refuse to enforce the arbitral award;

10) Refusal to enforce creditor's rights documents that have been given compulsory enforcement effect by a notary public;

11) Other matters that need to be resolved by ruling.

The ruling applies to the following areas: ......11) Other matters that need to be resolved by ruling.