One, 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" article140The provisions of the people's court to dismiss a prosecution, applicable ruling way, party is dissatisfied with the ruling may be appealed, the same way and shall not accept the application. The difference is mainly applicable to the parties, shall not accept the case, before the people's court accepted; and to dismiss the lawsuit is occurs after the people's court accepted the case.The prosecution dismissed for is not in conformity with the "Civil Procedure Law" article108The provisions of4Prosecution conditions or to the111The column7Situation and the relevant provisions of. Concrete has the following kinds:

  1Their lack of litigation, the plaintiff's right ability and capacity. If a person without capacity for civil conduct the prosecution, the legal agent.2The 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.5The range does not belong to the people's court, in charge of the work of the. If the provisions of the internal housing or internal work responsibility unit content.6In accordance with the provisions, no jurisdiction or 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.8The parties shall, in accordance with the law, the prosecution of the case within a certain period of time, the prosecution 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.9The judgment does not divorce, and mediation of divorce cases, decision adoption cases settled through mediation, no new case, new reasons, the plaintiff in the6Months and prosecution.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.11There is an arbitration agreement, both sides agreed between the parties, the 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.12Without the labor arbitration, labor dispute case 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.13In accordance with the law, that should not be borne by the people's Court of second instance procedure. 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, 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 scope:1, requests to protect substantive rights are not infringed or even infringed, but the losses caused by the infringement has been filled by people.2And others, 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.4The 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 is highly controversial in judicial practice.

Decision rejecting the petition and reject it is two kinds of circumstances of this concept from the right, is that the parties to court proceedings, request the court to protect their rights and interests. While the two rights separated a is right, the right to sue, this is the procedural rights, namely, whether the parties have the right to sue, the court should accept the. Two is the right to win a lawsuit, which is the entity rights, namely whether the court will support the litigant request. If there is no prosecution, the filing, the court should be ruled inadmissible, if accepted, it shall reject it. If there is no right to win a lawsuit, only the right to sue, the court accepted the post, after trial, will be rejected the litigant request. According to what you said the case, the case may not be the right to sue, but the court of first instance not only put on record, but also the trial and verdict, dismissed the action request. And the second instance, the court of second instance may find the parties no prosecution, but the case has a trial, could not be made not to accept the ruling, according to the "Civil Procedure Law" can only explain the139The provisions of article, the court rejected the prosecution. As for the prosecution dismissed the conditions you ask, no specific circumstances, only one condition, "Civil Procedure Law" the explanation is139The provisions of article,"The prosecution does not meet the requirements for acceptance, the people's court shall rule to reject. After the case found that the prosecution does not meet the requirements for acceptance, the court rejected the prosecution."That is to say, to dismiss the lawsuit is to should not accept a case but not to make a remedial refuses to accept the ruling, but should accept the case as long as consistent with the "Civil Procedure Law" article108A line, does not accept the cases there are seven cases, too much trouble, typing, you can see a "Civil Procedure Law" article111The provisions.