Judicial interpretation of Article 82 of the Criminal Procedure Law

Legal subjectivity:

In order to prevent the accident from causing huge losses to themselves, the parties concerned can buy insurance and claim compensation from the insurance company when the accident occurs. Civil disputes can be settled through litigation. I. How to Understand the Judicial Interpretation of the Civil Procedure Law Article 26 A lawsuit brought because of an insurance contract dispute shall be under the jurisdiction of the people's court where the defendant has his domicile or where the subject matter of insurance is located. Explain that this article is about the litigation jurisdiction arising from insurance contract disputes. According to the provisions of this article, a lawsuit arising from an insurance contract dispute shall be under the jurisdiction of the people's court where the defendant has his domicile or where the subject matter of insurance is located. An insurance contract refers to a contract in which the applicant pays the insurance premium to the insurer, and the insurer assumes the compensation liability or pays a certain amount for the damage or liability caused by the applicant due to natural disasters or accidents. Insurance contract dispute refers to the dispute between the insured or the insurance beneficiary and the insurer. The subject matter of insurance refers to the subject matter of the insurance contract concluded between the applicant and the insurer, such as property, personal health or life. The people's courts of the defendant's domicile and the place where the subject matter of insurance is located shall have jurisdiction over the litigation arising from the insurance contract dispute. According to the judicial interpretation of the Supreme People's Court, if the subject matter insured is means of transport or goods in transit, it can be under the jurisdiction of the people's court of the place where the means of transport is registered, the destination of transport and the place where the insured accident occurs. Ii. In case of insurance contract disputes, they can be solved in the following ways: (1) Negotiation refers to the way that both parties to the contract communicate directly and negotiate amicably on the basis of voluntariness, mutual understanding and seeking truth from facts, so as to eliminate disputes, seek common ground while reserving differences, reach an agreement on controversial issues and resolve disputes by themselves. Resolving disputes through negotiation can not only save time and cost, but also enhance mutual understanding and trust during the negotiation process, which is conducive to the smooth settlement of disputes and the continued performance of contracts. (2) Arbitration Arbitration means that the arbitrator of an arbitration institution mediates the disputes between the two parties and makes an award. The arbitration institution implements the system of "one award is final", and the award made by the arbitration institution is made by the contract management organ stipulated by the state, which has legal effect and must be implemented by the parties. The application for arbitration must be based on the arbitration agreement reached by both parties voluntarily. An arbitration agreement may be an arbitration clause stipulated when an insurance contract is concluded, or an arbitration agreement reached before, during or after a dispute occurs. (3) Litigation refers to the way that both parties to the contract submit disputes to the people's court, and the people's court will solve the disputes and make a ruling according to law. Insurance contract dispute cases belong to the category of civil procedure law. When accepting a case, the court adopts a combination of hierarchical jurisdiction and regional jurisdiction, exclusive jurisdiction and selective jurisdiction. Article 26 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "A lawsuit arising from an insurance contract dispute shall be under the jurisdiction of the people's court where the defendant has his domicile or where the subject matter of insurance is located." The current litigation cases of insurance contract disputes in China, like other litigation cases, implement the system of second instance and final adjudication. If a party refuses to accept the judgment of the court of first instance, he can appeal to the people's court at the next higher level for retrial within the statutory appeal period. The judgment of second instance is final. Once the final judgment is made, it will take legal effect immediately and the parties must implement it; Otherwise, the court has the right to enforce it. If the parties are still dissatisfied with the judgment of the second instance, they can only go through the procedure of appeal and protest. The above is how to understand the content of Article 26 of the Judicial Interpretation of the Civil Procedure Law. A lawsuit arising from an insurance contract dispute shall be under the jurisdiction of the people's court where the defendant has his domicile or where the subject matter insured is located.