Enquiring knowledgeable people Inquisitive education Hospital Treasury

Can we sue again after the withdrawal of civil action

home page

Can we sue again after the withdrawal of civil action


        

Submit answer
Favorable reply
  • 2024-06-17 18:00:02

    1. According to the interpretation of the Supreme People's Court on several issues concerning the application of the Civil Procedure Law, if the plaintiff withdraws the lawsuit or the court handles it as such, and the plaintiff brings a lawsuit again with the same claim, the court shall accept it.
    2. If the plaintiff withdraws the lawsuit or handles the divorce case according to the withdrawal of the lawsuit without new information or reasons, and brings another lawsuit within six months, it shall not be accepted by applying mutatis mutandis the provisions of Item 7 of Article 124 of the Civil Procedure Law.
    3. However, the interpretation also stipulates that the court may not allow the withdrawal of a case or refuse to handle it as a withdrawal if the party has violated the law and needs to be handled according to law. If the defendant disagrees with the plaintiff's application for withdrawal of the lawsuit after the end of the court debate, the court may not grant permission.

    Legal basis

    Civil Procedure Law of the People's Republic of China
    Article 145 stipulates that if the plaintiff applies for withdrawal of the lawsuit before the judgment is pronounced, the people's court shall decide whether to grant it or not. If the people's court decides not to allow the withdrawal of the lawsuit, and if the plaintiff refuses to appear in court without justified reasons after being summoned, he may make a judgment by default.

    Legal basis

    Article 145 of the Civil Procedure Law of the People's Republic of China (2017 Revision) applies for withdrawal
    If the plaintiff applies for withdrawal of the lawsuit before the judgment is pronounced, the people's court shall decide whether to grant it or not. If the people's court decides not to allow the withdrawal of the lawsuit, and if the plaintiff refuses to appear in court without justified reasons after being summoned, he may make a judgment by default.

    No***

    2024-06-17 18:00:02

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):