Domestic marriage settled abroad: domestic marriage was concluded or one party's last residence in China, article 14; foreign marriage settled abroad: one party's original residence or last residence in China, article 15; one party was in China: domestic courts always have jurisdiction, article/kloc-0. Article 17 of the Interpretation of Civil Procedure stipulates that both divorced China citizens have settled abroad, and if a lawsuit is filed only on the division of domestic property, it shall be under the jurisdiction of the people's court where the main property is located.
(two) the jurisdiction of property preservation before litigation
The Interpretation of the Civil Procedure Law stipulates that the parties shall apply to the people's court where the property is located for pre-litigation property preservation, arguing that other people's courts with management rights cannot take pre-litigation property preservation measures.
(3) Level jurisdiction
China's civil procedure law determines the level jurisdiction according to the nature, complexity and influence of the case. Submit cases of great nature, complicated cases and wide influence to a higher court for jurisdiction. In trial practice, the amount of the disputed object is also an important basis for determining the level of jurisdiction. Local people's courts have different standards for determining the amount of the subject matter of disputes under different levels of jurisdiction.
(4) General provisions on territorial jurisdiction
It 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 his habitual residence. Exception: The jurisdiction of the court in the plaintiff's domicile is as follows:
Identity litigation against people who do not live in the territory of People's Republic of China (PRC). A lawsuit concerning identity relationship brought against a person whose whereabouts are unknown or who is declared missing. A lawsuit against a person who has been reeducated through labor. Proceedings against prisoners.
If several defendants in a case of recovering alimony are not in the same jurisdiction, they may be under the jurisdiction of the people's court where the plaintiff has his domicile. A case in which one spouse has been away from his domicile for more than one year and the other spouse brings a divorce suit shall be under the jurisdiction of the people's court in the plaintiff's domicile.
(5) Jurisdiction of contract dispute cases
A lawsuit brought in connection with a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed.
Under the premise of not violating the provisions of hierarchical jurisdiction and exclusive jurisdiction, the jurisdiction by agreement can choose the domicile of the defendant, the domicile of the plaintiff, the place where the contract is signed, the place where the contract is performed and the place where the subject matter is located.
If the contract is not actually performed and the domicile of both parties is not at the place of performance agreed in the contract, it shall be under the jurisdiction of the people's court of the defendant's domicile.
Where a dispute arises between the main contract and the guarantee contract and a lawsuit is filed, the jurisdiction of the case shall be determined according to the main contract. 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.
Where the subject matter insured is means of transport or goods in transit, it shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or registered means of transport, the destination of transport or the place where the insured accident occurred.
A lawsuit brought for a dispute over a railway, highway, water, air transport or combined transport contract shall be under the jurisdiction of the people's court of the defendant's place of origin, destination or domicile.
(six) litigation jurisdiction caused by infringement
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.
The people's court in the place where the product is manufactured, the place where the product is sold, the place where the infringement is committed, and the place where the defendant is domiciled shall have jurisdiction over lawsuits brought by unqualified products that cause property or personal injury to others.
Cases of infringement of the right of reputation shall be under the jurisdiction of the people's courts of the place where the infringement occurred and the place where the defendant has his domicile.
A civil lawsuit brought for infringement of copyright shall be under the jurisdiction of the people's court of the place where the infringement occurred, the place where the infringing copy was stored, the place where it was seized or detained, or the place where the defendant lived.
A lawsuit brought for patent infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile.
A lawsuit brought for infringement of the exclusive right to use a registered trademark shall be under the jurisdiction of the people's court of the place where the infringement occurred, the place where the infringing goods were stored, the place where they were detained or the place where the defendant lived.