I. Paragraph 1 of Article 157th of the Civil Procedure Law shall apply.
The first paragraph of Article 157 of the Civil Procedure Law is mainly applicable to the following situations: the prosecution does not meet the acceptance conditions, such as the plaintiff does not have the qualification of litigation subject, the litigation request is unclear or can not be supported. ; The plaintiff filed an application to withdraw the lawsuit in the course of the lawsuit, and the court found that it was in compliance with the law and allowed to withdraw the lawsuit; If the defendant files a counterclaim in the course of litigation, but the plaintiff fails to file a new claim or reply to the counterclaim after the counterclaim, the court may rule to dismiss the prosecution.
Second, the legal consequences of ruling to dismiss the prosecution
When the court decides to dismiss the prosecution according to the first paragraph of Article 157 of the Civil Procedure Law, it means that the litigation case will not continue to be tried. After receiving the ruling, if the plaintiff thinks that the ruling is wrong, he may appeal to the people's court at the next higher level within the prescribed time limit. However, it should be noted that the appeal does not necessarily change the original ruling result, because the higher court will review it according to the facts of the case and the legal provisions.
Third, how to avoid being ruled to dismiss the prosecution?
In order to avoid being ruled to dismiss the prosecution, the parties should fully understand the legal provisions and litigation requirements before the prosecution, and ensure that they have the qualification of litigation subject, and the litigation requirements are clear and in line with the legal provisions. In the course of litigation, the plaintiff should actively participate in litigation activities, put forward defense and rebuttal opinions in time, and avoid being ruled to dismiss the prosecution because of passive response. At the same time, when filing a counterclaim, the defendant should also make clear the counterclaim request and actively participate in the trial process of counterclaim.
To sum up:
The first paragraph of Article 157 of the Civil Procedure Law is an important provision on the scope of accepting cases in civil litigation, which is applicable to cases where the prosecution does not meet the acceptance conditions, the plaintiff withdraws the lawsuit, and the defendant counterclaims that the plaintiff has not filed a new lawsuit. When applying this clause, the court will review and make a ruling according to law. The parties should fully understand the legal provisions and litigation requirements, actively participate in litigation activities, and avoid being ruled to dismiss the prosecution because of non-compliance.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
The first paragraph of article 157th stipulates:
The ruling applies to the following scope:
Inadmissible;
(2) Having objections to jurisdiction;
(3) dismiss the prosecution;
(4) preservation and prior execution;
(five) to approve or disapprove the withdrawal of the lawsuit;
(6) Suspension or termination of litigation;
(seven) to correct clerical errors in the judgment;
(8) Suspension or termination of execution;
(9) Revoking or refusing to execute the arbitral award;
(ten) do not execute the creditor's rights documents issued by the notary office;
(eleven) other matters that need to be resolved by ruling.