It is often encountered that there is a clear defendant's address and phone number in the lawsuit, and the defendant deliberately refuses to answer the phone or deliberately fails to get the subpoena in order to escape the lawsuit. The people's court will often inform the plaintiff of such a situation and let the plaintiff try to provide the defendant's other address or telephone number again. Otherwise, the court will dismiss the plaintiff's lawsuit. Is there a legal basis for this operation in judicial practice and is it legal to dismiss the prosecution? Below, I would like to express my views on this issue.

The author believes that it is wrong for the people's court to directly dismiss the plaintiff's lawsuit when the defendant deliberately refuses to answer the phone or the summons, and there is no legal basis for the following reasons:

1, according to the relevant provisions of China's civil procedure law, this is actually a service problem of the court. When the plaintiff files a lawsuit, he needs a clear defendant. It is the court's obligation to notify the defendant to appear in court after filing a case, and this obligation should not be imposed on the plaintiff. The plaintiff has only the obligation to assist-to provide clues to the defendant's address.

However, in judicial practice, people's courts often refuse to answer court calls without distinguishing whether the defendant's address is unclear or clear. If the defendant can't be contacted, they will go directly to the plaintiff and let the plaintiff find a way, which undoubtedly increases the burden on the plaintiff.

The people's court was originally a place to help the parties solve disputes, but the plaintiff was stuck in the place of service and the obligation of service was passed on to the plaintiff. When the plaintiff could not provide the defendant's new address and telephone number, the plaintiff's lawsuit was directly rejected, which led to the plaintiff's litigation rights being obliterated by the court where it was served, not to mention the subsequent litigation.

2. In any lawsuit involving the people's court, both parties are not reconciled and have great differences, such as divorce. Often one party is unwilling to divorce, the other party insists on divorce, or even if both parties are willing to divorce, one party just drags on the divorce that doesn't want the other party to be so happy. In this case, as long as one party files a lawsuit, the other party will strongly resist, hang up, change the phone, turn off the phone or dial the wrong number, or even.

It's not that the defendant's address is unclear or the phone number is wrong. I think the people's court should take corresponding measures, such as mail service, lien service or announcement service, instead of directly dismissing the plaintiff's lawsuit.

3. China's civil procedure law clearly stipulates that the people's court may force the defendant who must appear in court to appear in court after being summoned twice and refusing to appear in court without justifiable reasons.