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How to withdraw a lawsuit

Legal analysis: Generally, you only need to write an application to withdraw the lawsuit, state the facts and reasons for withdrawing the lawsuit, and submit it to the judge. Under what circumstances can the lawsuit be withdrawn: 1. Withdrawal is a manifestation of the plaintiff's exercise of litigation rights, and it is up to the plaintiff to decide whether to file an application. Prosecution is the plaintiff's litigation act, and withdrawal of the lawsuit should also be the plaintiff's litigation act. The defendant may not withdraw the lawsuit except by filing a counterclaim. If the plaintiff is a person without litigation capacity, his legal representative may apply to withdraw the lawsuit on his behalf. When a litigation agent applies to withdraw a lawsuit, he must obtain special authorization from the plaintiff. Withdrawing a lawsuit is a manifestation of the plaintiff's litigation rights, so the withdrawal must be voluntary. 2. To withdraw the lawsuit, the plaintiff shall apply to the court receiving the lawsuit. To withdraw the lawsuit, the plaintiff must apply to the court where the lawsuit was filed. Applications can be made in writing or verbally. For oral applications, the people's court shall record the application in the trial transcript and have it signed or sealed by the plaintiff. This is the basis for the People's Court to decide whether to allow the withdrawal of the lawsuit. 3. The application for withdrawing the lawsuit must be filed after the proceedings have begun and before the People's Court pronounces its judgment. During the period from when the lawsuit is filed to when the court pronounces its judgment, the plaintiff can apply to withdraw the lawsuit at any time. However, once the court's judgment is publicly announced, it loses the right to apply for withdrawal.

Legal basis: "Administrative Procedure Law of the People's Republic of China"

Article 62 Before the people's court pronounces a judgment or ruling on an administrative case, the plaintiff applies to withdraw the lawsuit, Or if the defendant changes its administrative actions and the plaintiff agrees and applies to withdraw the lawsuit, the people's court will decide whether to allow it.

Article 58 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by the People's Court, or leaves the court midway without the permission of the court, the case may be dismissed; if the defendant refuses to appear in court without justifiable reasons, Or if you leave the court midway without the permission of the court, a default judgment may be made.

Article 211 of the "Criminal Procedure Law of the People's Republic of China" After reviewing private prosecution cases, the People's Court shall handle them according to the following circumstances: (1) The criminal facts are clear and there are sufficient If the private prosecutor cannot provide supplementary evidence, the private prosecutor should be persuaded to withdraw the private prosecution or the case should be dismissed. If a private prosecutor refuses to appear in court without justifiable reasons after being summoned twice in accordance with the law, or leaves the court midway without permission from the court, the case will be deemed to have been withdrawn. During the court hearing, if the judge has doubts about the evidence and needs to investigate and verify the evidence, the provisions of Article 196 of this Law shall apply.

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The above answers are only based on the current information and my understanding of the law. Please refer to it with caution!

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