1. Jurisdiction
Article 1. Major foreign-related cases as stipulated in Paragraph 1 of Article 18 of the Civil Procedure Law, including cases with large subject matter in dispute, cases with complex facts, or Cases with significant impact such as a large number of parties to one party.
Article 2 Patent dispute cases shall be under the jurisdiction of the Intellectual Property Court, the Intermediate People’s Court and the Basic People’s Court determined by the People’s Court.
Maritime and commercial cases are under the jurisdiction of the Maritime Court.
Article 3 The domicile of a citizen refers to the place of residence of the citizen, and the domicile of a legal person or other organization refers to the location of the main office of the legal person or other organization.
If the location of the main office of the legal person or other organization cannot be determined, the place of registration or registration of the legal person or other organization shall be the place of residence.
Article 4 A citizen’s usual place of residence refers to the place where the citizen has lived continuously for more than one year from the time he leaves his place of residence to the time of prosecution, except for the place where the citizen is hospitalized for medical treatment.
Article 5: Litigation brought against an individual partnership or partnership-type joint venture without an office shall be under the jurisdiction of the people's court at the place where the defendant is registered. If there is no registration and several defendants are not in the same jurisdiction, the people's court at the defendant's domicile has jurisdiction.
Article 6 If the defendant’s household registration is cancelled, jurisdiction shall be determined in accordance with Article 22 of the Civil Procedure Law; if both the plaintiff and the defendant have their household registration cancelled, the jurisdiction shall be under the jurisdiction of the People’s Court of the place where the defendant resides.
Article 7 If the party’s household registration has not yet settled down after moving out, and has a regular place of residence, the jurisdiction shall be under the jurisdiction of the people’s court of that place; if there is no usual place of residence, the jurisdiction shall be under the jurisdiction of the people’s court of the place where the party’s original household registration is located.
Article 8 If both parties are imprisoned or subject to compulsory education measures, the People’s Court of the defendant’s original residence shall have jurisdiction. If a defendant is imprisoned or subjected to compulsory education measures for more than one year, the people's court at the place where the defendant is imprisoned or subject to compulsory education measures shall have jurisdiction.
Article 9: If the domiciles of several defendants in cases involving recovery of alimony, child-rearing, or child support are not in the same jurisdiction, the People's Court of the place where the plaintiff is domiciled may have jurisdiction.
Article 10: Cases of dissatisfaction with the designated guardianship or changes in the guardianship relationship may be under the jurisdiction of the People's Court of the place where the ward is domiciled.
Article 11 Civil cases in which both parties are soldiers or military units shall be under the jurisdiction of the military court.
Article 12 If one spouse has been away from his place of residence for more than one year and the other spouse files for divorce, the case may be under the jurisdiction of the People's Court of the plaintiff's place of residence.
If the couple has been away from their place of residence for more than one year, and one party files for divorce, the case shall be under the jurisdiction of the People's Court of the defendant's habitual residence; if there is no habitual residence, the case shall be under the jurisdiction of the People's Court of the place where the defendant resides when the plaintiff files suit.
Article 13 For overseas Chinese who are married in China and have settled abroad, if the court of the country of settlement does not accept the divorce proceedings on the grounds that the divorce proceedings must be under the jurisdiction of the court at the place where the marriage was concluded, and the parties file divorce proceedings with the People's Court, who shall The people's court at the place where the marriage was concluded or at the last place of residence of one party in the country has jurisdiction.
Article 14 For overseas Chinese who are married and settled abroad, if the court of the country of residence does not accept the divorce proceedings on the grounds that the divorce proceedings must be under the jurisdiction of the courts of the country of nationality, and the parties file divorce proceedings with the People's Court, who shall The People's Court of one party's original domicile or last place of residence in the country shall have jurisdiction.
Article 15 If one of the Chinese citizens lives abroad and the other party lives in China, no matter which party files a divorce lawsuit to the people's court, the people's court of the domicile of the domestic party has the jurisdiction. If a foreign party files a lawsuit in the court of the country of residence and the domestic party files a lawsuit in the People's Court, the People's Court subject to the lawsuit shall have jurisdiction.
Article 16 If both Chinese citizens are abroad but have not settled down, and one party files a lawsuit for divorce in the People's Court, the People's Court at the original place of residence of the plaintiff or defendant shall have jurisdiction.
Article 17 If divorced Chinese citizens, both parties have settled abroad, and only file a lawsuit for the division of domestic property, the jurisdiction shall be under the jurisdiction of the people's court where the main property is located.
Article 18 If the contract stipulates a place of performance, the agreed place of performance shall be the place of performance of the contract.
If the contract does not stipulate the place of performance or the stipulation is unclear, and the subject of the dispute is the payment of currency, the location of the party receiving the currency shall be the place of performance of the contract; if the real estate is delivered, the location of the real estate shall be the place of performance of the contract; for other subjects, the obligation shall be fulfilled The location of one party is the place where the contract is performed. For a contract that is settled immediately, the place of transaction is the place where the contract is performed.
If the contract is not actually performed and the domicile of both parties is not at the place of performance stipulated in the contract, the People's Court at the place where the defendant is domiciled shall have jurisdiction.
Article 19 For property leasing contracts and financial leasing contracts, the place where the leased object is used shall be the place where the contract is performed. If the contract stipulates the place of performance, such stipulation shall prevail.
Article 20 For a sales contract concluded through an information network, if the subject matter is delivered through the information network, the place of residence of the buyer shall be the place of performance of the contract; if the subject matter is delivered by other means, the place of receipt shall be the place of performance of the contract. Place of performance. If the contract stipulates the place of performance, such stipulation shall prevail.
Article 21 In a lawsuit filed due to a dispute over a property insurance contract, if the subject matter of the insurance is a means of transportation or goods in transit, the place of registration of the means of transportation, the destination of transportation, and the place where the insured accident occurred can be determined The People's Court has jurisdiction.
Litigation initiated due to disputes over personal insurance contracts may be under the jurisdiction of the People's Court of the place where the insured is domiciled.
Article 22: Litigation filed due to disputes over shareholder registers, requests for changes in company registration, shareholders’ right to know, company resolutions, company mergers, company splits, company capital reductions, company capital increases, etc., shall be governed by civil litigation procedures. Article 26 of the Law determines jurisdiction.
Article 23 When a creditor applies for a payment order, the provisions of Article 21 of the Civil Procedure Law shall apply and shall be under the jurisdiction of the basic people's court where the debtor is domiciled.
Article 24 The place of infringement specified in Article 28 of the Civil Procedure Law includes the place where the infringement is committed and the place where the result of the infringement occurs.
Article 25 The place where information network infringement is committed includes the location of the computer and other information equipment that commits the alleged infringement, and the place where the infringement results occur includes the domicile of the infringed person.
Article 26: For lawsuits filed due to unqualified products or services causing damage to other people’s property or personal life, the People’s Court of the place where the product is manufactured, the place where the product is sold, the place where the service is provided, the place where the infringement is committed, and the place where the defendant is domiciled All have jurisdiction.
Article 27 If a party fails to file a lawsuit or apply for arbitration within the statutory period after applying for pre-litigation preservation, resulting in losses to the respondent or interested parties, the litigation shall be under the jurisdiction of the people's court that took the preservation measures.
If a party files a lawsuit or applies for arbitration within the statutory period after applying for pre-litigation preservation, and the respondent or interested party suffers losses due to the preservation, the lawsuit shall be filed by the People's Court that accepts the prosecution or the People's Court that takes preservation measures. jurisdiction.
Article 28 The real estate disputes stipulated in Paragraph 1 of Article 33 of the Civil Procedure Law refer to property rights disputes arising from the confirmation of rights, division, and adjacent relationships of real estate.
Disputes over rural land contracting and management contracts, house rental contracts, construction project construction contracts, and policy-based housing sales contracts shall be governed by real estate disputes.
If the real estate has been registered, the location recorded in the real estate registration book shall be the location of the real estate; if the real estate has not been registered, the actual location of the real estate shall be the location of the real estate.
Article 29 The written agreement specified in Article 34 of the Civil Procedure Law includes the jurisdiction clause of the agreement in the written contract or the agreement on jurisdiction selection reached in writing before litigation.
Article 30 According to the jurisdiction agreement, if the jurisdictional court can be determined when filing a lawsuit, the agreement shall prevail; if it cannot be determined, the jurisdiction shall be determined in accordance with the relevant provisions of the Civil Procedure Law.
The jurisdiction agreement stipulates that two or more people's courts in locations that are actually related to the dispute have jurisdiction. The plaintiff can file a lawsuit in one of the people's courts.
Article 31 If an operator uses standard terms to enter into a jurisdiction agreement with consumers but fails to draw consumers’ attention in a reasonable manner, and if consumers claim that the jurisdiction agreement is invalid, the People’s Court shall support it.
Article 32 The jurisdiction agreement stipulates that the People’s Court of the domicile of one party shall have jurisdiction. If the domicile of the party changes after the signing of the agreement, the People’s Court of the place of domicile at the time of signing the jurisdiction agreement shall have jurisdiction, unless the parties agree otherwise. Except.
Article 33 If a contract is transferred, the jurisdiction agreement of the contract is valid for the transferee of the contract, but the transferee does not know that there is a jurisdiction agreement at the time of transfer, or the transfer agreement stipulates otherwise and the counterparty of the original contract Except by consent.
Article 34 If a property dispute arises between the parties due to cohabitation or after the dissolution of marriage or adoption and they agree on jurisdiction, Article 34 of the Civil Procedure Law may be applied to determine jurisdiction.
Article 35 If a party fails to respond to the lawsuit after the expiration of the defense period, and the People's Court finds that the case does not fall within the jurisdiction of this court before the first instance hearing, it shall rule to transfer the case to the People's Court with jurisdiction.
Article 36: For a lawsuit that two or more people's courts have jurisdiction over, the people's court that files the case first shall not transfer the case to another people's court that has jurisdiction. If the people's court finds that other people's courts with jurisdiction have already filed the case before filing the case, it shall not file the case again; if after filing the case it finds that other people's courts with jurisdiction have already filed the case, it shall rule to transfer the case to the people's court that filed the case first.
Article 37 After the case is accepted, the jurisdiction of the people's court subject to the lawsuit shall not be affected by the change of the domicile or habitual residence of the parties.
Article 38: After a people's court with jurisdiction accepts a case, it shall not transfer the case to the people's court with jurisdiction after the change on the grounds of a change in administrative region. Appeal cases after judgment and cases brought for trial in accordance with trial supervision procedures shall be tried by the people's court at a higher level than the people's court that originally tried them; cases ordered by the people's court at a higher level to be retried or remanded for retrial shall be retried or retried by the people's court that originally tried them.
Article 39: If the people's court determines that it has jurisdiction after reviewing objections to jurisdiction, it will not change jurisdiction because the parties file counterclaims, add or change litigation claims, etc., except for violations of hierarchical jurisdiction and exclusive jurisdiction provisions. .
If the People’s Court remands a case for retrial or retrials according to the first instance procedure, and the parties raise objections to jurisdiction, the People’s Court will not review the case.
Article 40 In accordance with the provisions of Paragraph 2 of Article 37 of the Civil Procedure Law, when two people's courts that have a jurisdiction dispute fail to negotiate, they submit a request to their superior people's court to designate jurisdiction. , if both parties are grassroots people's courts belonging to the same place or municipal district, the intermediate people's court of that place or city shall promptly designate jurisdiction; if there are two people's courts belonging to the same province, autonomous region, or municipality directly under the Central Government, the jurisdiction shall be designated by the intermediate people's court of the same province, autonomous region, or municipality directly under the Central Government. The Higher People's Court shall designate jurisdiction in a timely manner; both parties are people's courts across provinces, autonomous regions, and municipalities directly under the Central Government. If the Higher People's Court fails to reach an agreement through negotiation, the People's Court shall designate jurisdiction in a timely manner.
When reporting to the superior people's court for designation of jurisdiction in accordance with the provisions of the preceding paragraph, it shall be done level by level.
Article 41: Where the People's Court designates jurisdiction in accordance with the provisions of Paragraph 2 of Article 37 of the Civil Procedure Law, it shall make a ruling.
For cases submitted to the superior people’s court for designated jurisdiction, the lower people’s court shall suspend the trial. If a lower people's court makes a judgment or ruling on a case before a ruling on designated jurisdiction is made, the superior people's court shall revoke the judgment or ruling of the lower people's court while ruling on designated jurisdiction.
Article 42: For the following first-instance civil cases, the People's Court may, in accordance with the provisions of Article 38, Paragraph 1 of the Civil Procedure Law, submit it to the lower People's Court for trial before the hearing:
< p>(1) Litigation cases involving debtors in bankruptcy proceedings;(2) Cases with a large number of parties and inconvenient litigation;
(3) Other types determined by the People’s Court case.
Before submitting a case to a lower People’s Court for trial, the People’s Court shall submit it to the People’s Court at the higher level for approval. After approval by the people's court at the higher level, the people's court shall rule to transfer the case to the people's court at the lower level for trial.