(a) actively responding to the lawsuit to prevent the occurrence of repeated judgments. If a lawsuit is filed in a different place, the parties concerned may go to handle it themselves, or entrust their relatives, friends or lawyers to handle it on their behalf. In civil litigation cases, if the lawsuit is brought by a foreigner, it is necessary to determine the jurisdiction of the court. Generally speaking, it is under the jurisdiction of the people's court where the defendant is located. Therefore, if you are sued by a foreigner, you can choose to entrust a lawyer where the defendant is located. However, a written power of attorney and a complaint signed by the parties concerned shall be provided.
Litigation related procedures are as follows:
1. Collect evidence and actively respond to the lawsuit.
2. The parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.
3. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
(2) If a lawsuit is filed in a different place, you can raise a jurisdictional objection to the judge who accepts the case. The time limit is 15 days after receiving the court's response materials, and relevant contract materials need to be submitted at the same time.
According to the provisions of the Civil Procedure Law, an application for transfer of jurisdiction shall meet the following conditions:
1. The people's court has accepted it. If the case that has not been accepted does not belong to the jurisdiction of our court after examination, there is no problem of transferring jurisdiction, and the parties concerned shall be informed to bring a lawsuit to the people's court with jurisdiction.
2. The people's court accepting the case has no jurisdiction over this case. Only people's courts with jurisdiction according to law have the right to exercise judicial power, so people's courts without jurisdiction have no right to hear cases.
3. The people's court that accepts the transferred case has jurisdiction according to law. This is the requirement for the court to transfer the case, that is, it can not be transferred at will, but only to the people's court with jurisdiction.
Second, the prosecution, the new evidence:
1 is evidence that has existed objectively within the time limit for adducing evidence, but has not been known and mastered by the parties concerned;
2. It is evidence that the parties know the existence of evidence and have the conditions to obtain it, but they don't show it because they don't know its evidence value, except that the court has explained it;
3, the parties know that the evidence exists, but due to objective reasons failed to obtain evidence within the time limit for adducing evidence;
4, is to refute the other party's claim or proof, and after the expiration of the proof period of evidence;
5. It is the evidence that the parties cannot provide within the time limit for adducing evidence due to objective reasons, and the evidence postponed with the permission of the court cannot be provided within the extended time limit. Failure to listen to evidence may lead the referee to obviously violate the objective facts.
Three. Provisions on jurisdiction:
(1) Civil litigation:
According to the regulations, being sued by a foreign court depends on the specific circumstances. A brief introduction is as follows:
1. A civil action brought against a citizen shall be under the jurisdiction of the people's court where the defendant is domiciled; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.
If the domicile and habitual residence of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
2. The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile; Where the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence:
(1) Identity litigation against people who do not live in the territory of People's Republic of China (PRC);
(2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing;
(3) A lawsuit brought against a person who has been reeducated through labor;
(4) Proceedings against prisoners.
3. A lawsuit brought for a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.
4. The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but they shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.
5. The lawsuit brought by the 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.
6. A lawsuit brought by a bill dispute shall be under the jurisdiction of the people's court in the place where the bill is paid or where the defendant has his domicile.
7. Lawsuits arising from disputes over railway, highway, water, air transport and combined transport contracts shall be under the jurisdiction of the people's court of the defendant's place of origin, destination or domicile.
8. A lawsuit brought for infringement shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile.
9. Litigation for claiming damages due to railway, highway, water and aviation accidents shall be under the jurisdiction of the people's court of the place where the accident occurred, the place where the vehicle or ship first arrived, the place where the aircraft first landed or the place where the defendant lived.
10. Litigation for claiming damages due to ship collision or other maritime damage accidents shall be under the jurisdiction of the people's court of the place where the collision occurred, the place where the colliding ship first arrived, the place where the injuring ship was detained or the place where the defendant lived.
1 1. A lawsuit brought for salvage charges at sea shall be under the jurisdiction of the people's court of the place where the salvage occurred or where the rescued ship first arrived.
12. An action brought for general average shall be under the jurisdiction of the people's court at the place where the ship first arrived, where the general average was adjusted or where the voyage was terminated.
13. The following cases shall be under the exclusive jurisdiction of the people's court as stipulated in this article:
(1) A lawsuit brought by a real estate dispute shall be under the jurisdiction of the people's court where the real estate is located;
(2) A lawsuit brought over a port operation dispute shall be under the jurisdiction of the people's court where the port is located;
(3) A lawsuit brought in connection with an inheritance dispute shall be under the jurisdiction of the people's court at the place where the decedent died or where his main legacy is located.
(2) Criminal proceedings:
1. The jurisdiction of criminal proceedings refers to the scope of the people's courts' jurisdiction to try criminal cases of first instance, including the division of jurisdiction between people's courts at all levels, between ordinary people's courts and special people's courts, and between people's courts at the same level.
2, the level of jurisdiction, refers to the people's courts at all levels in the trial of criminal cases of first instance.
(1) Criminal cases of first instance under the jurisdiction of basic people's courts.
The basic people's court is the basic trial level of the first instance of ordinary criminal cases, and it is under the jurisdiction of the basic people's court in principle. Grassroots people's courts are widely distributed, with the largest number, and are closest to the crime scene and the people.
(2) Criminal cases of first instance under the jurisdiction of the Intermediate People's Court.
The Intermediate People's Court has jurisdiction over the following criminal cases of first instance: cases endangering national security; Ordinary criminal cases that may be sentenced to life imprisonment or death penalty; Criminal cases of foreigners committing crimes.
(3) Criminal cases of first instance under the jurisdiction of the Higher People's Court.
The criminal cases of first instance under the jurisdiction of the Higher People's Court are major criminal cases in the whole province (autonomous regions and municipalities directly under the Central Government).
(4) Criminal cases of first instance under the jurisdiction of the Supreme People's Court.
The criminal case of first instance under the jurisdiction of the Supreme People's Court is a major national criminal case. The Supreme People's Court is the highest judicial organ in the country. In addition to approving death penalty cases, there should be very few criminal cases tried in first instance in the Supreme People's Court, which have great influence in the whole country and are particularly serious in nature and circumstances.
3. The jurisdiction of criminal proceedings includes the jurisdiction of different levels of courts, the jurisdiction of different regions and the special jurisdiction of specific areas. The establishment of relevant trial jurisdiction is to better distinguish the trial jurisdiction of different courts, thus clearly dividing cases and improving the accuracy of hearing cases. The establishment of special jurisdiction is also to facilitate the trial of cases in related fields, give corresponding authority and improve trial efficiency.
Fourth, the way of prosecution.
There are two ways of prosecution stipulated in the Civil Procedure Law: written prosecution and oral prosecution. Only if it is really difficult to write a complaint can an oral prosecution be initiated. The people's court will record the oral statement of the plaintiff and inform the other party. The indictment is the written basis for the plaintiff to bring a lawsuit to the people's court. The fundamental complaint shall include the following contents:
(a) the natural situation of the parties. Including the name, gender, age and nationality of the parties. Occupation, work unit and residence. The name of the legal person or other organization. Domicile and the name and position of the legal representative or principal responsible person. This part embodies the identity of both parties and concretizes the original and the defendant.
(two) the main content of the complaint and the facts and reasons on which it is based. The plaintiff shall state the specific litigation request and the facts and reasons on which it is based in the complaint, including the facts of legal relationship, the disputed facts and the reasons for filing the litigation request.
(3) Evidence and its sources, names and residences of witnesses. Whether the facts of the case exist or not needs evidence to prove.
When writing a complaint, the plaintiff should provide evidence to prove his claim and the reasons for making such a request. If documentary evidence or material evidence is provided, it shall be submitted to the people's court together with the complaint. Where the testimony of a witness is provided, the address of the witness shall be stated so that the people's court can investigate and verify it. When the people's court records the plaintiff's oral complaint, it must inquire about the above contents one by one and record them in the record. If the people's court receives the civil complaint submitted by the parties and meets the conditions stipulated in Articles 119 and 124 of the Civil Procedure Law, it shall register and file a case; If it is uncertain whether the conditions for prosecution are met on the spot, it shall receive the prosecution materials and issue a written certificate indicating the date of receipt. If it is necessary to supplement relevant materials, the people's court shall promptly inform the parties concerned. After completing the relevant materials, it shall decide whether to file a case within seven days.
Legal basis:
Article 22 of the Civil Procedure Law of People's Republic of China (PRC) shall be under the jurisdiction of the people's court of the defendant's domicile. If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.
If the domicile and habitual residence of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
Article 20 of the Criminal Procedure Law of People's Republic of China (PRC) * * * The basic people's courts shall have jurisdiction over ordinary criminal cases of first instance, except cases that are under the jurisdiction of the people's courts at higher levels according to this Law.