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After the original defendant and the plaintiff settle, the plaintiff may apply to the court to withdraw the lawsuit, and must write an application for withdrawal of the lawsuit, and the court will allow the withdrawal of the lawsuit unless there are special circumstances.
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Generally, there will be pre-trial mediation, and the judgment has been pronounced that the withdrawal of the lawsuit will no longer be accepted, and the judgment must be executed.
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After the judgment of the civil lawsuit was pronounced, the two parties negotiated and settled it privately. You can go to the court to withdraw the lawsuit and write a letter of withdrawal. East declared that the lawsuit was invalid, and the lawsuit was withdrawn and the washing was invalid, and it was resolved privately.
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If the court proposes to withdraw the lawsuit, and with the consent of the court, the speed test will be completed, and the court shall be notified to settle the matter through private negotiation, and the result of the negotiated settlement shall be ruled by the court in writing.
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If the two parties negotiate privately, then they can go to the court to apply for withdrawal of the lawsuit, write a letter of withdrawal, and the court will approve it.
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Where the parties to a civil lawsuit have already negotiated a settlement in private, they may apply to the court to withdraw the lawsuit.
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After the judgment of the civil lawsuit was pronounced, the parties settled it privately. It does not contest the judgment of the law. Therefore, it can only be enforced in accordance with the outcome of the judgment. Now that the verdict has been pronounced, there is no question of withdrawing the case.
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After the judgment of the civil lawsuit is announced, the two parties privately negotiate and settle the matter of how to withdraw the lawsuit, and both parties should jointly go to the court to make a record of the negotiated settlement, and then withdraw the lawsuit.
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The verdict has already been pronounced, and now they have settled privately, which is simply that you just have to say that you have fulfilled the judgment.
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The party suing can hold the agreement between the parties. Signed certificate. Just go and withdraw the lawsuit. Clarification is required.
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Hello this friend, since the verdict has been pronounced, then you can pronounce the verdict, and the results can be adjusted in the future. It's just that two people can be private.
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It is sufficient to contact the court directly to withdraw the lawsuit, or it can be handed over to the entrusted lawyer to deal with it.
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If a judgment has been pronounced in a civil lawsuit, the parties cannot settle it through private negotiation.
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Since the judgment of the civil lawsuit has been pronounced, both parties must follow the result of the judgment, but after the judgment is pronounced, the two parties negotiate and settle it privately, so there is no need to withdraw the lawsuit.
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Once the verdict is pronounced, there is no need to withdraw the lawsuit. If you want to negotiate a solution between you, then it is not enough to have a judge to mediate.
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After the judgment of the civil lawsuit is pronounced, if the two parties settle the judgment through private negotiation, they can go to the court to resubmit the request to withdraw the lawsuit.
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If the judgment has been pronounced, the lawsuit cannot be withdrawn, but it can be enforced in accordance with the results of the negotiation at the time of enforcement.
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The plaintiff goes to the court, gives your agreement to the court, explains the situation, and the court will not enforce it.
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Since the judgment has been made, the case has been decided, and there is no need to withdraw the lawsuit.
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Just go directly to the court to withdraw the lawsuit, sign and press your fingerprint, and it's a trivial matter.
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After the judgment of the civil lawsuit is pronounced, it already has legal effect. It cannot be changed without legal proceedings. As for the two of you, it is okay to negotiate a settlement privately.
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In this case, you have to issue that kind of mediation letter to the court, but you will definitely have to pay the legal fees.
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Civil Disputes. From the Han Dynasty, the two sides negotiated privately. How was it solved? 30。Small trees. You were in private. Liu Jie is terrible, why should I pay it back, and go through the court.
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The trial is over, the verdict is pronounced, and if you don't appeal, you can negotiate and settle it privately.
After the fulfillment is completed, write the receipt and other materials, and you can do it.
Once the verdict has been pronounced, the lawsuit cannot be withdrawn.
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In this case, you can go directly to the court to withdraw the lawsuit according to the lawyer's instructions.
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Now that the judgment has been made, why should the lawsuit be withdrawn? If you want to get the lawsuit out, why didn't you do it before the verdict?
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You can go to the judge to discuss the matter with him.
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Legal analysis: If the two parties reach a consensus after filing the lawsuit, if the plaintiff can apply to the people's court to withdraw the lawsuit, the people's court will decide whether to approve the withdrawal of the lawsuit.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China
Article 238:In cases where a party applies to withdraw a lawsuit or may be handled as a withdrawal in accordance with law, if the party has conduct that violates the law and needs to be handled in accordance with law, the people's court may not permit the withdrawal of the lawsuit or not handle it as withdrawn.
Where the plaintiff applies to withdraw the lawsuit after the conclusion of the courtroom debate, and the defendant does not agree, the people's court may not approve it.
Article 239:Where the people's court permits the plaintiff in the lawsuit to withdraw the lawsuit, it shall continue trial of the counterclaim; The people's court shall allow the defendant's application to withdraw the counterclaim.
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Legal analysis: After the two parties reach a settlement, the enforcement cannot be revoked but the enforcement can be suspended, and if the agreement is not fulfilled in accordance with the settlement agreement, the other party can apply to the court for enforcement of the content of the mediation agreement.
Legal basis: Interpretation of the Supreme People's Court on the Civil Procedure Law Article 467:Where one party fails to perform or does not fully perform the settlement agreement voluntarily reached by both parties during enforcement, and the other party applies for enforcement of the original effective legal document, the people's court shall resume enforcement, but the portion of the settlement agreement that has already been performed shall be deducted. Where the performance of the settlement agreement has already been completed, the people's court is not to resume enforcement.
Article 230 of the Civil Procedure Law of the People's Republic of China: In the course of enforcement, if the parties to the auction reach an agreement through reconciliation on their own, the executor shall record the content of the agreement in the record, which shall be signed or sealed by both parties. Where the person applying for enforcement reaches a settlement agreement with the person subject to enforcement due to fraud or coercion, or the parties do not perform the settlement agreement, the people's court may, on the basis of the parties' application, resume enforcement of the original effective legal documents.
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After the parties reach a settlement, the enforcement cannot be revoked but the enforcement can be suspended, and if the agreement is not performed in accordance with the settlement agreement, the other party may apply to the court for enforcement of the content of the mediation agreement.
Legal basis: Article 467 of the Interpretation of the Supreme People's Court on the Civil Procedure Law: Where one party fails to perform or does not fully perform the settlement agreement voluntarily reached by both parties during the course of enforcement, and the other party applies for enforcement of the original effective legal document, the people's court shall resume enforcement, but the part of the settlement agreement that has already been performed shall be deducted. Where the performance of the settlement agreement has already been completed, the people's court is not to resume enforcement.
Article 230 of the Civil Procedure Law of the People's Republic of China: In the course of enforcement, if the two parties reach an agreement through reconciliation on their own, the executor shall record the content of the agreement in the record, and both parties shall sign or affix their seals. Where the person applying for enforcement reaches a settlement agreement with the person subject to pure prudent enforcement due to fraud or coercion, or the parties do not perform the settlement agreement, the people's court may, on the basis of the parties' application, resume enforcement of the original effective legal documents.
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In private criminal prosecution cases, the plaintiff may withdraw the lawsuit and settle the matter through private negotiation on his own.
1. Is there still a sentence for the criminal settlement of minor injuries?
If it is a private prosecution case, there will be no sentence after the criminal settlement is sent. If the parties to the private prosecution case are settled, the plaintiff may withdraw the lawsuit, and the court should not interfere. If it is a private criminal prosecution case, it refers to a minor criminal case in which the victim or his statutory ** person files a lawsuit with the court without going through the public security or procuratorial organs, and the court directly accepts it.
In the course of the court trial, mediation is applied, and the plaintiff may also settle with the defendant on his own before the court makes a judgment, or may withdraw the lawsuit.
II. Procedures for withdrawing criminal prosecutions.
According to the relevant laws and regulations of our country, the withdrawal of a lawsuit, also known as the withdrawal of the lawsuit, refers to the situation after the plaintiff in the civil or administrative litigation, the public prosecution organ in the criminal litigation, or the private prosecutor files a lawsuit, and before the people's court announces the judgment or ruling, it must apply to the people's court in accordance with the procedures prescribed by law and obtain the permission of the people's court before withdrawing its own lawsuit. At present, in China's criminal public prosecution cases, China's relevant laws do not clearly provide for the withdrawal of public prosecutions, and there are lack of legislative provisions in the supervision and restraint mechanism for the right to withdraw public prosecutions, the nature and reasons for withdrawal are not clear, the provisions on the time for withdrawal are unreasonable, and the handling and handling procedures after withdrawal are unclear.
3. Will I be sentenced after a minor injury?
It's possible. The issue of civil compensation can be resolved through negotiation, but criminal liability still needs to be pursued. If the victim's forgiveness is obtained, the court will generally give a lenient sentence when sentencing.
There are two kinds of handling: the first plan is that the public security organ files a case for investigation, reports to the people's procuratorate for prosecution after the evidence is complete, and finally tries it by the court. Once the public security organs file a case for investigation and enter into litigation procedures, it means that the intervention of the state's public power means that the state will pursue criminal responsibility for illegal and criminal acts.
Public prosecution cases cannot be private. The second option is that China's Criminal Procedure Law stipulates that minor criminal cases with evidence are private prosecution cases, and private prosecution cases are mainly to encourage reconciliation, and the plaintiff does not have to bear legal responsibility as long as the defendant voluntarily withdraws the lawsuit.
Article 264 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China: In a private prosecution case that has already been filed, but lacks evidence of guilt upon review, and the private prosecutor is unable to submit supplementary evidence, the people's court shall persuade him to withdraw the prosecution or rule to reject the prosecution; Where, after the private prosecutor withdraws the indictment or the indictment is rejected, he submits new evidence sufficient to prove the defendant's guilt, and initiates a private prosecution again, the people's court shall accept it.
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