What are the responsibilities of the plaintiff who withdraws the lawsuit, and the consequences of th

"Withdrawal of a lawsuit" refers to the act of the plaintiff requesting the withdrawal of the lawsuit after the people's court accepts the case but before the judgment is announced. An application to withdraw a lawsuit means that the plaintiff submits a request to the people's court to withdraw the lawsuit in written or oral form after the court accepts the case and before the judgment is pronounced.

If the application for withdrawal of the lawsuit is met, it will not be held liable as long as the following conditions are met.

1) The applicant must be the plaintiff, the appellant and their statutory **, as well as the plaintiff's specially authorized litigation **. A third party with the right to make an independent claim, who is in the same position as the plaintiff after participating in the litigation, may also apply for withdrawal of the lawsuit, but his withdrawal does not affect the normal progress of the litigation between the plaintiff and the defendant.

2) The withdrawal of the lawsuit must be voluntary of the plaintiff.

3) The withdrawal must be lawful.

4) All claims must be withdrawn.

5) It must be filed before the court pronounces the verdict.

6) It must be ruled by the people's court.

Withdrawal of the lawsuit means that the plaintiff voluntarily withdraws the lawsuit before the court finishes hearing the case, and no longer pursues the other party's responsibility. Losing the lawsuit means losing the lawsuit after the court hears it, and the losing party is liable.

The court of second instance held that the reasons for the appellant's withdrawal of the lawsuit were in accordance with the provisions of the law, and in accordance with the provisions of Article 145 of the Civil Procedure Law of the People's Republic of China, ruled as follows: 1. The appellant is allowed to withdraw the lawsuit; Second, the second-instance trial case acceptance fee is reduced by half.

Explanation: 1. Reason for withdrawing the lawsuit: The plaintiff (the appellee of the second instance) has already resolved the dispute with the applicant (the appellant is the defendant of the first instance).

There are documents for the plaintiff to resolve the dispute, and the person in charge of the plaintiff has agreed to withdraw the lawsuit together. In addition, when the court withdrew the lawsuit, it said that the appellant did not need to pay the appeal fee, but in fact the plaintiff did not pay the appeal fee, and the plaintiff notified the appellant to obtain the ruling from the plaintiff. May I ask whether the court of second instance ruled to withdraw the lawsuit or to withdraw the appeal?

The withdrawal of the lawsuit occurs after the people's court accepts the case and before the judgment is announced. The adverse consequences of the plaintiff's withdrawal include the conclusion of the proceedings in the first or second instance and the plaintiff's bearing of the litigation costs. The withdrawal of the lawsuit is a manifestation of the plaintiff's exercise of its own litigation rights, so the withdrawal of the lawsuit must be voluntary and unwilling.

Conditions for applying for withdrawal of the lawsuit:

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.

4) The withdrawal of the lawsuit must be decided by the people's court. The exercise of the right of disposition by the parties must be within the scope permitted by law. Where the plaintiff applies to withdraw the lawsuit, the people's court shall conduct a review in accordance with law, and if the application meets the requirements, rule to allow the lawsuit to be filed, and the trial of the case is concluded; where the application does not meet the requirements, a ruling is made to reject the application and the case continues to be heard.

Regardless of whether or not the withdrawal of the lawsuit is granted, the parties must be informed by way of a ruling. In addition, the Civil Procedure Opinions of the Supreme People's Court clearly stipulate that after a third party with the right of independent claim participates in the lawsuit, the plaintiff applies to withdraw the lawsuit, and after the people's court allows the plaintiff to withdraw the lawsuit in accordance with the law, the third party with the right to make an independent claim shall be the plaintiff in another case, and the original model of the original case shall be sued and the defendant shall be the defendant in another case, and the litigation shall be conducted separately. In cases where a party applies to withdraw the lawsuit, if the party has illegal conduct that needs to be handled in accordance with the law, the court may not allow the withdrawal of the lawsuit.

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

Legal analysis: If the plaintiff withdraws the lawsuit, the people's court shall decide 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. It is the conclusion of the lawsuit.

Legal basis: Article 145 of the Civil Procedure Law of the People's Republic of China.

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

Legal Analysis: The consequence of the plaintiff's withdrawal of the lawsuit is that the civil lawsuit with the defendant will no longer be conducted. The plaintiff can also continue to sue in the future, and this withdrawal of the lawsuit only represents the end of this lawsuit.

Legal basis: Article 145 of the Civil Procedure Law of the People's Republic of China Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court shall rule whether or not to approve 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.

Legal analysis: 1) If the court rules to allow the withdrawal of the lawsuit or to deal with it as withdrawn, the court will directly cause the legal consequences of terminating the litigation procedure;

2) Where the statute of limitations begins to run again, and the plaintiff files a lawsuit again within the statute of limitations, the people's court shall accept it;

3) The costs of the litigation shall be borne by the plaintiff or the appellant.

Legal basis: Civil Procedure Law of the People's Republic of China

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.

Article 145:Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, 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.

The dismissal of the case terminates the trial and requires a recalculation of the statute of limitations. Once the plaintiff withdraws the lawsuit, it will bear the corresponding litigation costs, so everyone should do a good job of understanding the relevant and decide whether to withdraw the lawsuit after knowing the specific impact.

What is the impact of the withdrawal on the plaintiff?

1) The court's decision to allow the withdrawal of the lawsuit or to deal with it as a withdrawal will directly lead to the legal consequences of terminating the litigation proceedings;

2) Where the statute of limitations starts to run anew, and the plaintiff files a lawsuit again within the statute of limitations, the people's court shall accept Qi's accusation;

3) The costs of the litigation shall be borne by the plaintiff or the appellant.

What are the conditions for applying for withdrawal of a lawsuit?

1) The person who submits the application for withdrawal of the lawsuit must be the plaintiff or a client specially authorized by the plaintiff. For the plaintiff who lacks the capacity to litigate, his legal ** person shall submit the lawsuit, and no other high-level litigation participants may withdraw the lawsuit.

2) The application for withdrawal of the lawsuit must be voluntary. Withdrawal of litigation is an act of disposition of litigation rights by the plaintiff, and the principle of voluntariness must be adhered to. Forcing a plaintiff to withdraw a lawsuit is not permitted by law, and the withdrawal of a lawsuit by a forcible plaintiff with conditions is contrary to the principle of voluntariness and is also impermissible.

Closure of the proceedings.

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. Where the plaintiff applies to withdraw the lawsuit, the people's court shall rule whether or not to approve it.

Code of Civil Procedure

Article 143:It is to be handled as a withdrawal of the lawsuit.

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 makes a counterclaim, a default judgment may be administered.

Article 145: Application for withdrawal of the loss lawsuit.

Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court is to rule on whether or not to allow it. Where the people's court rules that the lawsuit is undefeated and allows the lawsuit to be withdrawn, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia.

Legal analysis: The plaintiff's withdrawal of the lawsuit means that there will no longer be a civil lawsuit with the defendant, representing the end of this trouble-only litigation behavior.

Legal basis: Article 145 of the Civil Procedure Law of the People's Republic of China: Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court is to rule on whether or not 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.