Once the ruling granting withdrawal and deemed withdrawal is established, it will have the following legal consequences:
1, the administrative litigation of first instance or second instance ends. After the people's court ruled that the plaintiff was allowed to withdraw the lawsuit, it showed that the people's court would no longer examine the specific administrative act being sued, and the procedure of first or second instance of administrative litigation ended.
The plaintiff shall not sue again for the same facts and reasons. The Supreme People's Court's relevant provisions on the application of relevant judicial interpretations of the Civil Procedure Law, that is, if the people's court decides to allow the plaintiff to withdraw the lawsuit and the plaintiff brings a lawsuit again, the people's court will not accept it regardless of whether the lawsuit has exceeded the statutory time limit. Because the court allowed the plaintiff to withdraw the lawsuit, it means that the plaintiff gave up the right of appeal in procedure and admitted or accepted the specific administrative act in entity. Some specific administrative acts need to apply to the court for compulsory execution according to law. If the plaintiff is allowed to withdraw the lawsuit before prosecution, administrative activities will always be in an unstable state, which will affect administrative efficiency. Moreover, the people's court ruled that the plaintiff was allowed to withdraw the lawsuit after judicial review, and the plaintiff's withdrawal was in line with the law.
Whether the parties apply for withdrawing the lawsuit or deal with it according to the withdrawal, it will have certain legal consequences:
(1) The court's decision to allow or treat the withdrawal of the lawsuit will directly lead to the legal consequences of the termination of the lawsuit;
(2) If the limitation of action is recalculated and the plaintiff files a lawsuit again during the limitation of action, the people's court shall accept it;
(3) The litigation costs shall be borne by the plaintiff or the appellant.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 142
The parties may present new evidence in court.
With the permission of the court, the parties may ask questions to witnesses, expert witnesses and inspectors.
If a party requests a new investigation, appraisal or inspection, the people's court shall decide whether to grant it or not.
Article 143
If the plaintiff adds a claim, the defendant files a counterclaim, and a third party files a claim related to this case, the trial may be combined.
Article 144
The court debate is conducted in the following order:
(a) the plaintiff and his agent ad litem to speak;
(two) the defendant and his agent ad litem reply;
(three) the third person and his agent ad litem to speak or reply;
(4) Debate with each other.
At the end of the court debate, the presiding judge or the sole judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.
Article 145
At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.
Article 146
If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
Article 147
If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court halfway without the permission of the court, he may make a judgment by default.
Article 148
Before the verdict is pronounced, if the plaintiff applies to withdraw the lawsuit, whether it is allowed or not shall be decided by the people's court.
If the people's court decides that the withdrawal of the lawsuit is not allowed, the plaintiff may make a judgment by default if he refuses to appear in court after being summoned by summons without justifiable reasons.
Article 149
In any of the following circumstances, the hearing may be postponed:
(a) the parties who must appear in court and other participants in the proceedings have justified reasons for not appearing in court;
(2) The party concerned temporarily applies for withdrawal;
(3) It is necessary to notify new witnesses to appear in court, obtain new evidence, re-authenticate, conduct an inquest or make supplementary investigations;
(4) Other circumstances that should be postponed.
Article 150
The clerk shall record all the activities of the court hearing in the record, which shall be signed by the judges and the clerk.
The court record shall be read out in court, or the parties and other participants in the proceedings may be notified to read it in court or within five days. If the parties and other participants in the proceedings think that their statements are omitted or wrong, they have the right to apply for correction. If no correction is made, the application shall be recorded.
The court record shall be signed or sealed by the parties and other participants in the proceedings. Refuse to sign and seal, record the situation and attach a volume.