How to drop the charges?

(1) applying for withdrawal of the lawsuit

The application for withdrawal refers to the plaintiff's written or oral request to the people's court to withdraw the lawsuit after filing a case with the court and before sentencing.

1. Conditions for applying for withdrawal:

(1) The applicant must be the plaintiff, the appellant and their legal representatives, and an agent ad litem specially authorized by the plaintiff may also apply for withdrawal of the lawsuit; A third party with an independent claim may also apply for withdrawal of the lawsuit. However, the application of a third party with independent claim to withdraw the lawsuit does not affect the proceedings between the plaintiff and the defendant.

(2) The withdrawal of the lawsuit must be voluntary by the plaintiff. Applying for withdrawal is the plaintiff's action to dispose of his substantive rights and litigation rights. Unless the plaintiff has a clear intention, no one may force the plaintiff to apply for withdrawal, and the judges shall not mobilize the plaintiff to apply for withdrawal under any excuse.

(3) Exit must be legal. The time for applying for withdrawal must be after the court accepts the case and before sentencing; The person who applies for withdrawing the lawsuit must be the person who has the right to apply for withdrawing the lawsuit; The application for withdrawal of the lawsuit shall not be an act of evading the law in substance, shall not violate the provisions of existing laws and regulations, and shall not harm the interests of the state, the collective and others.

(4) Withdrawal of the lawsuit must be ruled by the people's court. The parties concerned must exercise the right of disposition within the scope permitted by law. If the plaintiff applies for withdrawing the lawsuit, the people's court shall examine it according to law. If the application meets the requirements, the court shall decide to allow the prosecution and terminate the trial of the case. If it does not meet the requirements, the application shall be rejected and the trial shall continue. Whether to allow the withdrawal of the lawsuit must be informed to the parties through a ruling. In addition, the Supreme People's Court's "Opinions on Civil Litigation" clearly stipulates that after a third person with independent claim participates in the lawsuit, the plaintiff applies for withdrawing the lawsuit, and after the people's court allows the plaintiff to withdraw the lawsuit according to law, the third person with independent claim is the plaintiff in another case, and the plaintiff and defendant in the original case are the defendants in another case, and the lawsuit will be conducted separately. In a case where a party applies for withdrawal of a lawsuit, if the party has committed an illegal act and needs to be dealt with according to law, the court may not withdraw the lawsuit.

(2) Cancellation according to law.

According to the withdrawal of the lawsuit, that is, although the plaintiff did not apply for withdrawal of the lawsuit, some behavior in the lawsuit has indicated that he is unwilling to continue the civil lawsuit. Therefore, the court decided to cancel the act of not hearing in court according to law.

According to the withdrawal situation:

(1) The plaintiff or appellant fails to pay the legal fees on time.

(2) The plaintiff refuses to appear in court without justifiable reasons after being summoned by summons.

(3) The plaintiff withdrew from the court without the permission of the court.

(4) The plaintiff shall pay the case acceptance fee in advance, and the people's court notifies him to pay it in advance, but fails to pay the litigation fee after being notified, or fails to pay the litigation fee without the approval of the people's court, and it shall be rejected.

(5) If the legal representative of the plaintiff without civil capacity refuses to appear in court after being summoned by the court without justifiable reasons, the prosecution may be dismissed.

(6) If a third party with independent claim is summoned by a court summons, refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If a third person who has no independent claim refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, it will not affect the trial of the case; A case that can be handled as a withdrawal according to law, if the parties have illegal acts that need to be handled according to law, the court may not handle the case as a withdrawal.

The difference between withdrawing the lawsuit and the plaintiff's judgment by default: Paragraph 2 of Article 131 of the Civil Procedure Law stipulates that if the court decides that the lawsuit is not allowed to be withdrawn (that is, the lawsuit is not allowed to be withdrawn), if the plaintiff refuses to appear in court without justifiable reasons, he may make a judgment by default.

Legal consequences:

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.

Generally speaking, it is because the plaintiff thinks that he has been infringed and asks the court for relief, so the plaintiff must apply to cancel his behavior. If the court considers that the case is minor and the parties can solve it by themselves, they may agree to withdraw the lawsuit and participate in the mediation procedure.