Under what circumstances is it deemed that the plaintiff applies to withdraw the lawsuit in a civil

In civil litigation, the circumstances in which the plaintiff is deemed to have applied for withdrawal of the lawsuit (which should be handled as withdrawn) are:

1. Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves the court without the court's permission, it may be handled as a withdrawal of the lawsuit.

2. If the statutory ** person of the plaintiff who lacks the capacity for civil conduct refuses to appear in court without a legitimate reason after being summoned by the court, it may be handled as a withdrawal of the lawsuit.

3. Where the plaintiff fails to pay the case acceptance fee on time, and still fails to pay it on time after being urged to do so by the court, it shall be handled as a withdrawal of the lawsuit.

4. Where a case applying the summary procedures is converted to ordinary procedures, the plaintiff shall pay the case acceptance fee within 7 days of receiving the notice from the people's court to pay the litigation fees. Where the plaintiff fails to make up the full amount on time without a legitimate reason, it is to be handled as a withdrawal of the lawsuit.

Article 143:Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia.

1. Failure to pay litigation fees on time.

2. Absent without a legitimate reason after being summoned by the court.

Article 143 of the Civil Procedure Law stipulates that if the plaintiff is summoned by a ferry ticket and refuses to appear in court without a legitimate reason, or withdraws from the court without the permission of the court, the lawsuit may be dismissed.

Mistake. The plaintiff's provisions for withdrawing the plea are as follows:

1) Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court shall rule on whether or not to allow it.

2) 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.

1.Withdrawal of litigation is a manifestation of the plaintiff's exercise of litigation rights, and the plaintiff shall decide whether to submit an application. A lawsuit is a plaintiff's litigation act, and the withdrawal of a lawsuit should also be a plaintiff's litigation act.

In addition to filing a counterclaim, the defendant must not act in favor of withdrawing the lawsuit. If the plaintiff is incapacitated for litigation, his legally-designated person may apply for withdrawal of the lawsuit on his behalf. When the litigant applies to withdraw the lawsuit, it must be specifically authorized by the plaintiff.

The withdrawal of the lawsuit is the embodiment of the plaintiff's right to litigate, so the withdrawal must be voluntarily of the plaintiff.

2.The plaintiff shall apply to the court to which the lawsuit is filed. If the plaintiff withdraws the lawsuit, it must apply to the court to which the lawsuit is filed.

The application can be written or oral. For oral applications, the people's court shall record them in the trial record and have the plaintiff sign or affix a seal. This is the basis for the people's court's decision on whether to allow the withdrawal of the lawsuit.

3.An application for withdrawal of the lawsuit must be filed after the commencement of the proceedings and before the people's court pronounces the judgment. During the period between the filing of the lawsuit and the announcement of the judgment by the court, the plaintiff can apply for withdrawal of the lawsuit at any time, and once the judgment of the court is publicly announced, the plaintiff loses the right to apply for withdrawal of the lawsuit.

Legal basis

Civil Procedure Law of the People's Republic of China

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.

1) The applicant must be the plaintiff, the appellant and their statutory ** person, and the litigant specially authorized by the plaintiff can also file an application for withdrawal of the lawsuit; A third party with the right to make an independent claim may also submit an application for withdrawal of the lawsuit. However, the application of a third party with independent claims to withdraw the lawsuit does not affect the proceeding of the lawsuit between the plaintiff and the defendant.

2) The withdrawal of the lawsuit must be voluntary of the plaintiff. Unless the plaintiff has a clear expression of intent, no one may compel the plaintiff to apply for withdrawal of the lawsuit, and the adjudicators must not mobilize the plaintiff to apply for withdrawal of the lawsuit under any pretext.

3) The withdrawal must be lawful. The time for applying for withdrawal of the lawsuit must be after the court accepts the case and before the judgment is pronounced; The person applying for withdrawal must be a person who has the right to apply for withdrawal; Applications for withdrawal of litigation must not circumvent the law in substance, must not violate the provisions of existing laws and regulations, and must not harm the interests of the state, the collective, or others.

Legal analysis: The plaintiff may apply for withdrawal of the lawsuit, but the plaintiff must meet certain conditions to apply for withdrawal of the lawsuit: (1) the application for withdrawal must be voluntary of the plaintiff, and no one may force others to withdraw the lawsuit; (2) An application for withdrawal of a lawsuit shall be submitted to the people's court in writing or orally.

Where the plaintiff refuses to appear in court without a legitimate reason after being summoned by summons, or leaves court without the court's permission, it may be handled as a withdrawal of the lawsuit. (3) the withdrawal of the lawsuit must be filed before the court pronounces the judgment; (4) It is up to the people's court to decide whether or not to allow the withdrawal of the lawsuit. Generally speaking, the people's court shall allow the withdrawal of a lawsuit if it is lawful and voluntary, but the people's court may not allow the withdrawal of the lawsuit where the party has illegal conduct that needs to be dealt with.

The law is based on the Civil Procedure Law of the People's Republic of China

Article 257:In any of the following circumstances, the people's court is to rule to terminate enforcement:

1) The applicant withdraws the application;

2) The legal documents on which enforcement is based have been revoked;

3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation;

4) The person entitled to the right to recover alimony, alimony, or child support is deceased;

5) The citizen who is the person subject to enforcement is unable to repay the loan due to living difficulties, has no income, and loses the ability to work;

6) Other circumstances where the people's court finds that enforcement should be terminated.

Article 258:The Central Bureau's rulings to suspend or terminate enforcement take effect immediately after being served on the parties.