Several cases and case ruled that the prosecution dismissed

  In accordance with the relevant provisions of the "PRC Civil Procedure Law", civil litigation to the plaintiff, the people's court review that the prosecution did not meet the statutory conditions, shall make a ruling within 7 days will not be accepted; if the people's court found that the plaintiffs did not meet the statutory conditions, it shall reject it.

  In judicial practice, the court rejected the prosecution and adjudication rejected the claim easily confused, some people don't know what the ruling, which the judgment.Dismissed the action request from the entity decided against the plaintiff, the plaintiff has the right to sue, but lost the right to win, mainly applies to: the evidence is insufficient, the lack of legal basis, over a period of limitation of action and no suspension, interruption, prolong the reason etc..But to dismiss the lawsuit is after accepting the case, the people's court found that the plaintiff's complaint does not comply with the conditions for acceptance of civil cases, rejected from the procedure, mainly applicable to the following circumstances:

1, is not the main grid.

Both the plaintiff is not the main grid, including the defendant is not the main grid.Should be based on whether the parties is the civil legal relationship in dispute (that is the subject of litigation object), as judged by the Beneparty standard or not.In some exceptional circumstances, the main non civil legal relationship and civil rights, but also can be used as a proper party. The plaintiff must have capacity for litigious rights and cases there are citizens, legal persons or other organizations of legal interest, the defendant must be relative to the requested infringe the plaintiff civil rights or civil rights dispute with the plaintiff. Otherwise, as long as one of the parties is not suitable, the people's court shall reject it.

2, the defendant is not clear.

The plaintiff must be clear who is accused, namely alleged infringement of the civil rights or civil dispute with the plaintiff and the court shall notify the respondent. If no specific defendant, procedure is not, the people's court nor the case to trial.

3, there is no specific claims, facts and reasons.

The plaintiff must be clearly pointed out that the requirements of the people's court to protect the civil rights of content, the entity right request content, as well as the litigation request the facts and reasons, these are the core contents in the complaint. If the plaintiff is not specific claims, facts and reasons, the people's court had rejected the prosecution.

4, do not belong to the scope of mediation in civil litigation.

The plaintiff's litigation should belong to the scope of people's courts to exercise jurisdiction, or the people's court shall have no right to case. For example: enterprise workers laid off, the whole workers owed wages; relates to urban enterprises (already in the co-ordination of social insurance) to pay the basic old-age, medical, unemployment, work injury, maternity insurance cases; illegal fund-raising caused disputes; re assignment involves the large area of land adjustment or group interests of the agricultural contract disputes, recourse land requisition compensation fees do not belong to the scope of court proceedings.

5, the case that belong to the scope of accepting cases of administrative litigation, criminal crime.

The people's court in the case of disputes in civil trial, that does not belong to the civil dispute cases and suspected economic crimes, the court shall prosecute, and the relevant materials to the procuratorial organ or a public security organ; that does not belong to the civil disputes and belongs to the scope of administrative litigation, the court shall notify the plaintiff to prosecute, bring an administrative lawsuit further.

6, the supervisor shall.

The plaintiff did not declare an arbitration agreement has a suit in a people's court, after the case is accepted, the defendant in a period that the parties have voluntarily reach a written arbitration agreement shall apply to an arbitration institution for arbitration on the grounds of objection to the jurisdiction of the people's court shall, after examination and verification rejected prosecution decision, notify the plaintiff to an arbitration institution for arbitration, the arbitration agreement the invalidation of the arbitration clause, failure, or indeterminate content cannot be performed except.

7, we should first labor arbitration.

The people's court has accepted the case, found that both parties dispute is the labor dispute, according to the doctrine of labor arbitration, the court shall notify the plaintiff to prosecute, the labor dispute arbitration committee for arbitration. The people's court accepted a labor dispute case, finding the labour dispute arbitration committee for arbitration does not belong to the scope of accepting cases in the people's court, the court rejected the plaintiff.

8, within 6 months was sued for divorce cases.

The judgment does not divorce mediation of divorce cases, judgment, adoption cases settled through mediation, no new case, new reasons, a plaintiff in 6 months and prosecution, the people's court found that after the acceptance of the application, it shall reject it.

9, non bis in idem.

A legally effective judgment, ruling on the case, the plaintiff, based on the same facts, grounds for prosecution, the people's court found that after the acceptance of the application, shall reject it, unless the withdrawal, from the procedure because of a lack of evidence judgment to dismiss the lawsuit request. Alimony, maintenance, alimony case, judgment and legal effect, because new situations, new reasons, a party and then sued the increase or decrease of cost, the people's court shall be treated as a new case.

10, the people's court shall rule to other situations that rejected the prosecution in accordance with the law.

In civil litigation, the court rejected the prosecution of a people's court according to law, the parties do not pay the case acceptance fee. If a party refuses to accept the prosecution dismissed the ruling, can be in a higher people's court within 10 days from receipt of the appeal book award. If the trial court held that the plaintiff's prosecution in accordance with the conditions, it ruled that revocation of the ruling, the court of first instance trial instruction on this case. Is the court rejected prosecution, plaintiffs to sue, as long as they comply with the "Regulations of PRC Civil Procedure Law" conditions, the people's court shall accept the case according to law.

The case should be the court rejected the prosecution or judgment rejected the claim

  [case]

    The plaintiff Yang, a town some hollow brick brick field operation of individual industrial and commercial households. The defendant Liu, Xu, Wang Li Moujun department employees, their employers Lee engaged in hollow brick transport, they and Yang did not produce hollow brick business relationship. Yang and Lee had a hollow brick business relationship. 20053 months, yang to the county people's court, asked Liu, Xu, Wang paid respectively hollow brick funds 35800 yuan, 30200 yuan, 40400 yuan. Liu, three people received a copy of the indictment, the litigation documents, feel be rather baffling.

    In March this year and in May, the people's court two public hearing this hollow brick sale contract dispute. The court concluded that, the defendant LiuMou three Li Mouzhi employees, they designed for employers Lee engaged in hollow brick transport, they drive loading hollow bricks from the Yang somewhere, but not with Yang has hollow brick buyer seller relationship, it is Yang and Lee occurs between the buyer seller relationship, hollow brick so that Yang v. the arrears, shall bear the liability of lee. Yang Liu Mou three people paid the hollow brick, Yang sues a defendant subject is improper.

    [different]

    In this case, there are two different opinions:

    The first view, the plaintiff in the case of Yang action belongs to the subject of improper should reject. The reason is according to the Supreme People's Court issuedThe form of litigation documents (for Trial Implementation), the prosecution dismissed civil ruling style description second "the defendant is not in line with the conditions of the party" by the prosecution dismissed.

    The second view, the case should be insufficient evidence rejected the plaintiff Yang litigation request. The reason is in accordance with the provisions of the civil procedure law "article 108th": "the prosecution must meet the following conditions: (a) the plaintiff has a direct interest in the case of citizens, legal persons and other organizations; (two) a definite defendant; (three) a specific claims, facts, reasons; (four) belonging to the the people's court accepts a civil litigation scope and governed by the people's Court of appeal." This provision can be seen, civil litigation, the defendant is determined to take two different standards, which must be suitable for the plaintiff asked, "has a direct interest in the case," the defendant is "said", clear requirements can be, and no other specific provisions. Accordingly, the author thinks, the plaintiff sued the defendant is not suitable, to facilitate the parties to litigation, can the people's court shall notify the plaintiff to replace the defendant or the plaintiff applies for withdrawal of the case of mobilization. The plaintiff did not agree to replace the defendant, nor applies for the withdrawal of the suit, should according to the lack of evidence, the prosecution does not have the substantive requirements of the protection of rights for treatment, "Civil Procedure Law" the sixty-fourth decision to dismiss the lawsuit.

    [comments]

    In judicial practice, often encounter the plaintiffs do not meet the conditions or the defendant is not suitable, the result is from the procedure the court rejected prosecution, or from the entity judgment rejected the claim, in different ways, so that the same case can't get the same treatment, influence the seriousness and the unification of law.

    The case should be dismissed the prosecution or rejected the claim? We first compare both meaning and its application.

    One, the prosecution dismissed the meaning and its application

    The prosecution dismissed, is refers to the people's court according to the procedure law has been filed, the admissibility of the case in the trial process, found that the plaintiff's complaint does not comply with the provisions of the civil procedure law "" the prosecution condition, so the plaintiff sued to judicial behavior. The prosecution dismissed the appeal is filed application sense has accepted, for is not in conformity with the law of the conditions for prosecution to prosecute. According to the "Civil Procedure Law" in article 140th, the people's court to dismiss a prosecution for ruling way, party is dissatisfied with the ruling may be appealed.

    The prosecution dismissed for does not meet the 4 conditions of prosecution "Civil Procedure Law" provisions of article 108th or of 111st listed 7 kinds of situations and the related provisions of the. Concrete has the following kinds: 1, the plaintiff's own lack of litigation right ability and capacity. If a person without capacity for civil conduct the prosecution, the legal agent. 2, the plaintiff is not has a direct interest in the case of the parties. He advocated the right to belong to others or others' rights have been violated. 3, no definite defendant. If the defendant information ominous, the people's court unable to inform the defendant respondent. 4, no specific claims, facts and reasons. If the plaintiff's claim for compensation for the loss, but not the compensation amount. 5, do not belong to the people's court in charge of the work of the range. If the provisions of the internal housing or internal work responsibility unit content. 6, no jurisdiction or in accordance with the provisions of the jurisdiction of the court of first instance, do not belong to the jurisdiction. If the parties in the contract agreed to by the original, the defendant resides outside the contract to the jurisdiction of the court, jurisdiction or economic subject amount of the case by the superior court cases. 7, judgment, ruling has already become legally effective, the parties and the prosecution, inform the parties to appeal after the rejection, but the people's court to withdraw the order except. If a judgment or ruling after the entry into force, the plaintiff or the defendant on the same facts presented new evidence to prosecute. The provisions of 8, in accordance with the law, the parties shall be prosecuted in a certain period case, charged in may not be filed within the time limit. If the woman during pregnancy, within one year after giving birth to or termination of pregnancy within six months, the husband may not apply for divorce. 9, decisions are not allowed to divorce mediation of divorce cases, decision adoption cases settled through mediation, no new case, new reasons, the plaintiff in the 6 months to prosecute. 10, belong to the scope of administrative litigation. If the party refuses to accept a specific administrative act made by an administrative organ on the. 11, the parties have agreed to arbitration agreement, arbitration case. If the parties in the contract contains an arbitration clause, or after the occurrence of the dispute, both sides reach an arbitration agreement. But the parties entered into the arbitration agreement is invalid except at. 12, without the labor arbitration of labor disputes cases or in spite of the labor arbitration but not a labor dispute accepted the people's court. Such as the labor dispute cases untreated pre procedure of labor arbitration, the parties directly to the people's court. In accordance with the law by the people's court that is not the case, the procedure of second instance trial in 13. As the court of first instance judgment, the parties appeal, the second instance court review, does not belong to the people's court cases.

    Two, dismissed the action request "and its application

    Rejected the claim, is refers to the people's court has accepted the case after the trial, found that the plaintiff request the court to protect the entity right does not meet the conditions provided for by law, so the plaintiff's request not judicial protection. In order to solve the problem right entity meaning, it is against the illegal entity requests, made with the decision way.

    Dismissed the action request applies to the following: 1, requests to protect substantive rights are not infringed or even infringed, but the losses caused by the infringement has been filled by people. 2, and the others did not dispute or although the dispute, but the dispute has been resolved. 3, waiver of substantive rights, such as the statute of limitations has expired. 4, the defendant is not suitable. For the first three of the decision rejecting the petition has become a consensus, is not suitable for a defendant, is the prosecution dismissed or rejected the claim differences in judicial practice.

    The defendant is not suitable to the defendant the plaintiff is wrong, such as a debtor, and the plaintiff mistakenly B as defendants indicted. This situation is very common in judicial practice, the judge is often replaced the defendant or the plaintiff applies for withdrawal of mobilization, sometimes the plaintiff insists not agree to replace the defendant or apply for withdrawal. In this case, there are different approaches in the treatment, some from the procedure the court rejected the plaintiff's prosecution. The author thinks that, this view does not conform to the provisions of the civil procedure law "."No entity, the relationship of rights and obligations between the original, the defendant, should the entity judgement dismissed plaintiffs request. The view in the theory is that, as people of "judicial" study group in 2000 eleventh judicial mail reply Yunnan province Kunming Panlong District People's Court of Comrade Wang Yunkun letter, on this view.

    Accordingly, the author thinks, the plaintiff sued the defendant is not suitable, to facilitate the parties to litigation, can the people's court shall notify the plaintiff to replace the defendant or the plaintiff applies for withdrawal of the case of mobilization. The plaintiff did not agree to replace the defendant, nor applies for the withdrawal of the suit, should according to the lack of evidence prosecution does not have substantive rights protection from the elements, rejected the claim.

    I agree with the second opinion. (from Chinese court)