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我国《民事诉讼法》第一百三十一条第一款规定“宣判前,原告申请撤诉的,是否准许,由人民法院裁定。”笔者认为:在民事诉讼中,原告向人民法院提出先予执行申请,人民法院采取了先予执行措施后,原告再向人民法院提出撤诉请求时,人民法院应裁定不准许撤诉,必须继续诉讼程序,直至以民事调解或判决方式来明确当事人双方的民事权利与义务。应依此方式结案,其理由是:
The first paragraph of Article 131 of the Civil Procedure Law of our country stipulates that “before the verdict, the plaintiff applies for withdrawal of a lawsuit, and whether the lawsuit is granted or not, shall be ruled by the people’s court.” In the opinion of the author, in the civil lawsuit, the plaintiff submitted the case to the people’s court After the people’s court has taken the first enforcement measure, the plaintiff may, once again make a petition for withdrawing the petition from the people’s court, decide that the withdrawal of petition is not allowed and must continue the procedure until the civil rights and rights of both parties are clarified through civil mediation or judgment obligation. The case should be settled in this way for the following reasons: