In order to correctly apply the "Civil Procedure Law of the People's Republic of China" (hereinafter referred to as the Civil Procedure Law), based on the provisions of the Civil Procedure Law and trial practice experience, we put forward the following opinions for people at all levels to The court implements it during the trial work.
1. Jurisdiction
1. Major foreign-related cases as stipulated in Item (1) of Article 19 of the Civil Procedure Law refer to cases where the amount of the dispute is large, or the case is complex, or the residence is Foreign-related cases involving a large number of parties abroad.
2. Patent dispute cases shall be under the jurisdiction of the Intermediate People’s Court determined by the Supreme People’s Court.
Maritime and maritime commercial cases are under the jurisdiction of the Maritime Court.
3. The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the provisions of Article 19 (2) and Article 20 of the Civil Procedure Law, proceed from the actual local conditions, and decide whether the case is complex or simple, Based on the amount of the subject matter of litigation, the impact on the local area, etc., opinions on the level of jurisdiction of first-instance cases within the jurisdiction shall be submitted to the Supreme People's Court for approval.
4. The domicile of a citizen refers to the place of residence of the citizen; the domicile of a legal person refers to the main place of business or the location of the main office of the legal person.
5. A citizen’s usual place of residence refers to the place where a citizen has lived continuously for more than one year from the time he leaves his place of residence to the time of prosecution. This is except for places where citizens are hospitalized for medical treatment.
6. If one of the defendants has his urban household registration cancelled, the jurisdiction shall be determined in accordance with Article 23 of the Civil Procedure Law; if both parties have their urban household registration cancelled, the people's court at the place where the defendant lives shall have jurisdiction.
7. If the party concerned has not yet settled down after moving out of his household registration and has a habitual residence, the case shall be under the jurisdiction of the people's court of that place. If a person has no permanent place of residence and has moved out of residence for less than one year, the people's court at the place of his original residence shall have jurisdiction; if it exceeds one year, the people's court at the place of residence shall have jurisdiction.
8. If both parties are imprisoned or sent to reeducation through labor, the People’s Court of the defendant’s original residence shall have jurisdiction. If the defendant has been imprisoned or re-education through labor for more than one year, the people's court in the place where the defendant was imprisoned or re-education through labor shall have jurisdiction.
9. If the domiciles of several defendants in alimony recovery cases are not in the same jurisdiction, the People's Court of the plaintiff's domicile may have jurisdiction.
10. Cases of dissatisfaction with the designated guardianship or change of guardianship relationship shall be under the jurisdiction of the People's Court of the place where the ward is domiciled.
11. If a non-military member files a divorce lawsuit against a military member, if one of the military members is a non-civilian military member, the divorce proceedings shall be under the jurisdiction of the People's Court of the place where the plaintiff is domiciled.
If both parties to the divorce proceedings are military personnel, the matter shall be under the jurisdiction of the people's court where the defendant is domiciled or where the defendant's unit at or above the regiment level is located.
12. If one spouse has left the place of residence for more than one year and the other spouse files for divorce, the case shall be under the jurisdiction of the People's Court of the place where the plaintiff is domiciled. If both spouses have been away from their place of residence for more than one year, and one party files a divorce case, the case shall be under the jurisdiction of the People's Court of the defendant's usual place of residence; if there is no usual place of residence, the People's Court of the place of residence of the plaintiff at the time of filing the lawsuit shall have jurisdiction.
13. For overseas Chinese who are married in China and have settled abroad, if the court in the country of settlement refuses to accept the divorce proceedings on the grounds that the divorce proceedings must be under the jurisdiction of the court where the marriage was concluded, and the parties file divorce proceedings in the people's court, the court where the marriage was concluded shall The People's Court shall have jurisdiction over the place or the last place of residence of one party in the country.