Legal analysis
Civil litigation is a way to solve civil disputes. The parties to the case, that is, the plaintiff, may choose to withdraw the lawsuit before sentencing for some reasons, but whether the withdrawal is successful or not needs a court ruling. There are two ways for the plaintiff to withdraw the lawsuit. One is to apply for withdrawal of the lawsuit, that is, the plaintiff requests the people's court to withdraw the lawsuit in written or oral form after the court files the case and before sentencing. The conditions for withdrawing the lawsuit include: the applicant must be the plaintiff, the appellant and his legal representative, and the litigation agent specially authorized by the plaintiff may also apply for withdrawing the lawsuit; It must be the plaintiff's voluntary; Must be legal; The people's court must make a ruling. Second, according to the withdrawal of the lawsuit, that is, although the plaintiff did not file an application for withdrawal of the lawsuit, some behavior in the lawsuit has indicated that he is unwilling to continue the civil lawsuit, and the behavior according to the withdrawal of the lawsuit includes failing to pay the litigation fee on time; Refusing to appear in court without justifiable reasons; Withdrawal of the lawsuit can only be carried out before the verdict is pronounced, not after the verdict is pronounced. Only the plaintiff has the right to apply to the court for withdrawal of the lawsuit.
legal ground
Before the verdict is pronounced in Article 145 of the Civil Procedure Law of People's Republic of China (PRC), if the plaintiff applies for withdrawing the lawsuit, the people's court shall decide whether to grant it or not. If the people's court decides that the withdrawal of the lawsuit is not allowed, and the plaintiff refuses to appear in court after being summoned by summons without justifiable reasons, the judgment may be made by default.
Decision of NPC Standing Committee on Amending the Administrative Procedure Law of the People's Republic of China, page 39. Article 48 is renumbered as Article 58 and amended as: "If the plaintiff refuses to appear in court without justifiable reasons after being summoned by the people's court, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, he may make a judgment by default. "