Marriage Law
Article 32 If a man or woman requests divorce, the relevant authorities may mediate the matter, or they may directly file for divorce in the People's Court.
When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or a spouse living with others;
(2) ) Committing domestic violence or abusing or abandoning family members;
(3) Having bad habits such as gambling and drug abuse and refusing to change despite repeated admonitions;
(4) Living apart for more than two years due to emotional discord ;
(5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party files for divorce, the divorce shall be granted.
Article 33 If the spouse of an active military member requests a divorce, the consent of the military member shall be obtained, unless one of the military personnel is at fault.
Article 34 The man shall not file for divorce during the woman’s pregnancy, within one year after giving birth, or within six months after the termination of pregnancy. This provision does not apply if the woman files for divorce, or if the people's court deems it necessary to accept the man's request for divorce.
Article 35 After divorce, if both men and women voluntarily resume their marital relationship, they should go to the marriage registration authority to register for remarriage.
Civil Procedure Law
Article 21: Civil lawsuits filed against citizens shall be under the jurisdiction of the People’s Court of the place where the defendant has his domicile; if the defendant’s domicile is inconsistent with his place of habitual residence, the place of habitual residence of the defendant shall be under the jurisdiction of the people’s court. The local people's court has jurisdiction.
Civil lawsuits filed against legal persons or other organizations shall be under the jurisdiction of the people's court where the defendant is domiciled.
If the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, each people's court shall have jurisdiction respectively.
Article 85 The service of litigation documents shall be delivered directly to the person to be served. If the recipient is a citizen, if he is not present, the receipt shall be signed by an adult family member living with him or her; if the recipient is a legal person or other organization, the receipt shall be signed by the legal representative of the legal person, the principal person in charge of the other organization, or the legal person. , the organization's person in charge of receiving the goods shall sign for receipt; if the recipient has an agent in the litigation, the agent may sign for receipt; if the recipient entrusts a collector to the people's court, the recipient shall ask the recipient to sign for receipt.
The date of receipt signed by an adult family member living with the recipient, the legal person or other organization responsible for receiving, the agent or the recipient shall be the date of delivery.
Article 86 If the person to be served or the adult family member living with him or her refuses to accept service, the person to be served may invite representatives of the relevant grassroots organizations or their units to be present, explain the situation, and make the request before delivering the goods. The reason and date for rejection shall be recorded on the receipt, and shall be signed or stamped by the sender and witness. The litigation documents shall be left at the residence of the person to be served; he or she may also leave the litigation documents at the residence of the person to be served. , and use photos or videos to record the proceedings. If the service process is recorded by means of photos or videos, it shall be deemed to have been served.
Article 87 With the consent of the person to be served, the People's Court may serve documents by fax, email, or other means that can confirm receipt, except judgments, rulings, and mediation documents.
If it is delivered by the method mentioned in the preceding paragraph, the date when the fax or email reaches the specific system of the recipient is the date of delivery.
Article 88 If it is difficult to directly serve litigation documents, you may entrust other people's courts to serve them on your behalf or by mail. If delivered by mail, the date of receipt stated on the return receipt shall be the date of delivery.
Article 89 If the recipient is a soldier, the notification shall be delivered through the political organ at or above the regimental level of the unit to which he belongs.
Article 90 If the person to be served is imprisoned, the transfer shall be through the prison where he or she is detained.
If the recipient is subject to compulsory education measures, the case shall be transferred through the compulsory education institution where the recipient is located.
Article 91: After receiving the litigation document, the agency or organization to be served must immediately hand it to the person to sign for receipt. The date of signature on the delivery receipt shall be the date of delivery.
Article 92 If the whereabouts of the person to be served are unknown, or service cannot be carried out by other means stipulated in this article, service shall be made by public announcement. It shall be deemed to have been served sixty days from the date of issuance of the announcement.
If the announcement is served, the reason and process shall be noted in the case file.
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by subpoena or leaves the court midway without permission of the court, a judgment may be made in absentia. Summary
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or leaves the court midway without permission of the court, a judgment may be made in default.