Legal analysis: There are many reasons for the court to dismiss the lawsuit, but as long as there is indeed overdue behavior, it must be returned. However, according to the criminal policy of balancing leniency with severity, those who repay these overdrafts before the court has made a judgment or the public security organs have not filed a case will be dealt with lightly or not be held criminally responsible. This way, those fraudulent behaviors of "malicious overdrafts" will be investigated in accordance with the law, and at the same time We also give full play to the warning and educational role of the law and reduce the scope of criminal attacks as much as possible.
Legal basis: Article 124 of the "Civil Procedure Law" The people's court will handle the following lawsuits according to the circumstances: (1) According to the provisions of the Administrative Litigation Law, it falls within the scope of administrative litigation If, the plaintiff is informed to file an administrative lawsuit; (2) According to the law, if both parties reach a written arbitration agreement to apply for arbitration and are not allowed to file a lawsuit in the People's Court, the plaintiff is informed to apply for arbitration to an arbitration institution; (3) According to the law, other agencies should (4) For cases that are not under the jurisdiction of this court, inform the plaintiff to file a lawsuit with the people's court with jurisdiction; (5) For judgments, rulings, and mediation documents that have become legally effective If the parties file a lawsuit again, the plaintiff shall be notified to apply for retrial, except for the People's Court's ruling allowing the withdrawal of the lawsuit; (6) For cases that are not allowed to be prosecuted within a certain period of time in accordance with the law, if the lawsuit is filed within the period of prohibition of prosecution, the case will not be accepted;