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If the court rejects the lawsuit, can the party still sue again

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If the court rejects the lawsuit, can the party still sue again


        

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  • 2024-06-16 15:00:04

    If the court rejects the lawsuit, the parties may bring another lawsuit.

    1. According to Article 142 of the opinion of the Supreme People's Court on several issues concerning the application of the Civil Procedure Law of the People's Republic of China:

    The people's court shall accept a case that is ruled not to be accepted or dismissed and the plaintiff brings a lawsuit again if the conditions for bringing a lawsuit are met.

    2. According to Article 187 of the opinion of the Supreme People's Court on several issues concerning the application of the Civil Procedure Law of the People's Republic of China:

    If the people's court of second instance finds out that the ruling of rejection made by the people's court of first instance is wrong, it shall order the people's court of first instance to accept the case while canceling the original ruling.

    If it is ascertained that the ruling of rejecting the prosecution made by the people's court of first instance is wrong, the people's court of first instance shall be instructed to hear the case while canceling the original ruling.

    Legal basis

    Article 124 of the Civil Procedure Law of the People's Republic of China (2017 Revision) shall not be accepted
    The people's court shall handle the following lawsuits according to the circumstances:
    (1) In accordance with the provisions of the Administrative Procedure Law, if the case falls within the scope of administrative litigation, the plaintiff shall be informed to bring an administrative lawsuit;
    (2) In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a lawsuit to the people's court, the plaintiff shall be informed to apply to an arbitration institution for arbitration;
    (3) For disputes that should be handled by other organs according to the law, the plaintiff shall be informed to apply to the relevant organs for settlement;
    (4) For cases not under the jurisdiction of the court, the plaintiff shall be informed to bring a lawsuit to the people's court with jurisdiction;
    (5) If a party brings a suit again in a case in which a judgment, ruling or mediation statement has become legally effective, the party shall inform the plaintiff to apply for retrial, except for the ruling of the people's court allowing the withdrawal of the suit;
    (6) According to the law, a case that cannot be prosecuted within a certain period of time shall not be accepted if it is prosecuted within the period of time;
    (7) Divorce cases in which divorce is not allowed in the judgment and reconciliation is achieved through mediation, and cases in which the adoption relationship is maintained through judgment and mediation, without new information and new reasons, and the plaintiff brings another lawsuit within six months, shall not be accepted.

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