按撤诉处理是指在案件审理过程中，当事人没有向人民法院明确提出撤诉的意思表示，但因其在诉讼中的一些行为被人民法院推定为撤诉从而产生撤诉的法律效果。
在民事诉讼中，按撤诉处理的情形主要有:文章源自法随行北京律师网_免费咨询_法随行-https://www.fasuixing.com/8334.html
(1)原告经传票传唤，无正当理由拒不到庭，或者未经法庭许可中途退庭的;文章源自法随行北京律师网_免费咨询_法随行-https://www.fasuixing.com/8334.html
(2)适用简易程序审理的案件转为普通程序，原告自接到人民法院交纳诉讼费用通知书之日起七日内无正当理由未按期足额补交的;文章源自法随行北京律师网_免费咨询_法随行-https://www.fasuixing.com/8334.html
(3)原告应当预交而未预交案件受理费，人民法院应当通知其预交，通知后仍不预交或者申请减交、缓交、免交未获批准而仍不预交的;文章源自法随行北京律师网_免费咨询_法随行-https://www.fasuixing.com/8334.html
(4)原告一方当事人为无民事行为能力人，其法定代理人经传票传唤无正当理由拒不到庭的;文章源自法随行北京律师网_免费咨询_法随行-https://www.fasuixing.com/8334.html
(5)有独立请求权的第三人经人民法院传票传唤，无正当理由拒不到庭的，或者未经法庭许可中途退庭的。文章源自法随行北京律师网_免费咨询_法随行-https://www.fasuixing.com/8334.html
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