Article 19 The Intermediate People's Court shall have jurisdiction over the following civil cases of first instance:
(1) Major foreign-related cases;
(two) cases that have a significant impact in the region;
(3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.
The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
1. A major foreign-related case as stipulated in Item (1) of Article 19 of the Civil Procedure Law refers to a foreign-related case with a large amount of disputed subject matter, or a complicated case, or a large number of parties living 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 cases shall be 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 the second paragraph of Article 19 and Article 20 of the Civil Procedure Law, proceed from the local actual situation, and put forward opinions on the level jurisdiction of cases of first instance within their respective jurisdictions according to the complexity of cases, the amount of litigation and the degree of local influence, and report them to the Supreme People's Court for approval.
Article 20 The Higher People's Court shall have jurisdiction over civil cases of first instance that have great influence within its jurisdiction.
Article 21 the Supreme People's Court has jurisdiction over the following civil cases of first instance:
(1) Cases with great influence in the whole country;
(2) Cases that should be tried by the court.
Section 2 Territorial Jurisdiction
Article 22 A civil action brought by a plaintiff against a citizen as a defendant shall be under the jurisdiction of the people's court where the defendant has his 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.
Where the domiciles and habitual residences 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.
The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
4. The domicile of a citizen refers to the domicile of a citizen; The domicile of a legal person refers to the place where the legal person's main business place or main office is located.
5. The habitual residence of a citizen refers to the place where a citizen has lived continuously for more than one year from his residence to the time of being prosecuted. Except for cases where citizens are hospitalized.
17. A lawsuit brought against a citizen partnership or partnership without an office shall be under the jurisdiction of the people's court where the defendant is registered. Without registration, if several defendants are not in the same jurisdiction, the people's court of the defendant's domicile shall have jurisdiction.
27. Where a creditor applies for a payment order, the provisions of Article 22 of the Civil Procedure Law shall apply, and it shall be under the jurisdiction of the basic people's court where the debtor is domiciled.
Article 23 Except for the defendant, the following civil actions of the plaintiff 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:
(a) the identity litigation filed 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.
The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
6. If the defendant's urban hukou is cancelled, the jurisdiction shall be determined in accordance with the provisions of Article 23 of the Civil Procedure Law; The cancellation of urban hukou by both parties shall be under the jurisdiction of the people's court of the defendant's domicile.
7. If the party concerned has a habitual residence and has not settled after moving out of the household registration, it shall be under the jurisdiction of the local people's court. If there is no habitual residence and the household registration has moved out for less than one year, it shall be under the jurisdiction of the people's court where the original household registration is located; For more than one year, it shall be under the jurisdiction of the people's court of its domicile.
8. If both parties are imprisoned or reeducated through labor, the people's court of the defendant's original domicile shall have jurisdiction. If the defendant is imprisoned or reeducation through labor for more than one year, he shall be under the jurisdiction of the people's court where the defendant is imprisoned or reeducation through labor is located.
9. In alimony cases, if several defendants are not domiciled in the same jurisdiction, they may be under the jurisdiction of the people's court where the plaintiff is domiciled.
10. Cases that refuse to accept the designated guardianship or change the guardianship relationship shall be under the jurisdiction of the people's court of the ward's domicile.
1 1. Divorce proceedings brought by non-military personnel against military personnel shall be under the jurisdiction of the people's court at the plaintiff's domicile.
If both parties to the divorce proceedings are soldiers, they shall be under the jurisdiction of the people's court at or above the defendant's domicile.
12. A case where one spouse has been away from his domicile for more than one year and the other spouse has filed a divorce lawsuit shall be under the jurisdiction of the people's court of the plaintiff's domicile. If one spouse has left his domicile for more than one year, the divorce case filed by one spouse shall be under the jurisdiction of the people's court of the defendant's habitual residence; If there is no habitual residence, it shall be under the jurisdiction of the people's court where the plaintiff has his domicile at the time of prosecution.
13. For overseas Chinese who got married in China and settled abroad, the court in the country where they settled refused to accept the divorce proceedings on the grounds that they must be under the jurisdiction of the court in the place where they got married. If the parties bring divorce proceedings to the people's court, they shall be under the jurisdiction of the people's court in the place where they got married or in the last residence of one party in China.
14. For overseas Chinese who have married and settled in foreign countries, the court of domicile will not accept divorce proceedings on the grounds that they must be under the jurisdiction of the court of the country of nationality. If a party files a divorce lawsuit with a people's court, it shall be under the jurisdiction of the people's court of one party's original domicile or last domicile.
15. One China citizen lives abroad and the other lives in China. No matter which party brings a divorce lawsuit to the people's court, the people's court at the domicile of the domestic party has jurisdiction. If a foreign party brings a lawsuit to the national court of his domicile and a domestic party brings a lawsuit to the people's court, the sued people's court has jurisdiction.
16. If both China citizens are abroad but have not settled down, and one party files a divorce lawsuit with the people's court, it shall be under the jurisdiction of the people's court where the plaintiff or defendant originally lived.
Article 24 A lawsuit arising from 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.
The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
18. If the contract is not actually performed and the domicile of both parties is not at the place of performance as agreed in the contract, the lawsuit arising from the contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile.
19. If both parties to the purchase and sale contract agree on the place of delivery in the contract, the agreed place of delivery shall be the place of performance of the contract; If there is no agreement, the place of performance of the contract shall be determined according to the mode of delivery; Where delivery is adopted, the place of delivery is the place where the contract is performed; For self-delivery, the place of delivery is the place where the contract is performed; The consignment or delivery of timber and coal shall be carried out at the place where the goods are shipped.
Where the actual place of performance of a purchase and sale contract is inconsistent with the delivery place agreed in the contract, the actual place of performance shall be the place of performance of the contract.
20, processing contract, processing behavior as the place of performance of the contract, except as stipulated in the contract.
2 1. Property lease contracts and financial lease contracts take the leased property as the place of performance, unless there is an agreement on the place of performance in the contract.
Article 25 For a contract governed by an agreement, the parties may agree in a written contract to choose the people's court for jurisdiction over 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 it shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.
The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
23. The agreement in the written contract stipulated in Article 25 of the Civil Procedure Law refers to the jurisdiction clause agreed in the contract or the choice of jurisdiction agreement reached before litigation.
24. If the agreement on the choice of jurisdiction of the parties to a contract is unclear or two or more people's courts specified in Article 25 of the Civil Procedure Law are selected for jurisdiction, the agreement on the choice of jurisdiction shall be null and void, and jurisdiction shall be determined in accordance with the provisions of Article 24 of the Civil Procedure Law.
Provisions of the Supreme People's Court on how to determine the place of performance of purchase and sale contracts for determining the jurisdiction of economic disputes [1996] No.28.
Higher People's Courts of all provinces, autonomous regions and municipalities directly under the Central Government:
In order to facilitate the litigation of the parties and the trial of the people's court and reduce the disputes over the jurisdiction of the case, according to the provisions of Article 24 of the Civil Procedure Law of People's Republic of China (PRC), the following provisions are made on determining the place of performance of the purchase and sale contract:
1. If the parties expressly stipulate the place of performance in the contract, the agreed place of performance is the place of performance of the contract.
Where the parties have not clearly agreed on the place of performance in the contract, the agreed place of delivery shall be the place of performance of the contract.
The place of arrival, arrival, acceptance, installation and debugging of the goods agreed in the contract shall not be regarded as the place of performance of the contract.
Two, the parties clearly agreed on the place of performance or delivery in the contract, but in the actual performance in writing or other ways agreed by both parties to change the agreement, the changed agreement to determine the place of performance of the contract. If the parties fail to change the original agreement in the above way, or the change of the original contract does not involve the place of performance, the place of performance shall still be determined according to the original contract.
Three, the parties in the contract for the place of performance, the place of delivery is not agreed or clearly agreed, or although there is an agreement, but the goods are not actually delivered, and the domicile of both parties is not in the place of performance agreed in the contract, as well as oral purchase and sale contract disputes, the non-performance place shall determine the jurisdiction of the case.
Where the previous judicial interpretation of the purchase and sale contract is inconsistent with these Provisions, these Provisions shall prevail.
Article 26 Jurisdiction of insurance contracts A lawsuit arising from a dispute over an insurance contract shall be under the jurisdiction of the people's court where the defendant has his domicile or where the subject matter insured is located.
The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
25. If the subject matter of insurance is means of transport or goods in transit, the lawsuit brought by the dispute over the insurance contract shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the means of transport is registered, the destination of transport or the place where the insurance accident occurred.
Article 27 A lawsuit brought over 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.
The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
26. The place of payment of negotiable instruments stipulated in Article 27 of the Civil Procedure Law refers to the place of payment recorded on negotiable instruments. Where the place of payment is not specified on the bill of exchange, the place of payment shall be the domicile or main business office of the payer (including the agent payer).
Article 28 Jurisdiction over disputes over transport contracts A lawsuit brought in connection with a dispute over a railway, highway, waterway, air transport or combined transport contract shall be under the jurisdiction of the people's court of the place of origin, destination or domicile of the defendant.
The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
30. Disputes over railway transport contracts and infringement disputes related to railway transport shall be under the jurisdiction of the railway transport court.
Article 29 A lawsuit brought for infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant has his domicile.
The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
28. The place where the infringement occurred as stipulated in Article 29 of the Civil Procedure Law includes the place where the infringement occurred and the place where the infringement result occurred.
29. The people's courts in the place where the products are manufactured, the place where the products are 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.
Article 30 Jurisdiction of compensation for damages caused by traffic accidents A lawsuit brought for damages caused by railway, highway, water and aviation accidents shall be under the jurisdiction of the people's court where the accident occurred, where the vehicle or ship first arrived, where the aircraft first landed or where the defendant was domiciled.
Article 31 Jurisdiction of Maritime Compensation 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 was domiciled.
Article 32 Jurisdiction over disputes over salvage expenses. A lawsuit brought for salvage expenses shall be under the jurisdiction of the people's court of the place where the salvage occurred or where the rescued ship first arrived.
Article 33 * * Jurisdiction of General Average Litigation 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 ship was adjusted in general average or where the voyage was terminated.
Article 34 The following cases shall be under the exclusive jurisdiction of the people's court as stipulated in this article:
(a) the lawsuit brought by the 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 in the place where the decedent died or where the main heir lived.
The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
305. According to Articles 34 and 246 of the Civil Procedure Law, the parties may not choose another country's court for a case that belongs to the exclusive jurisdiction of the people's courts of People's Republic of China (PRC) and People's Republic of China (PRC) by written agreement. However, unless the arbitration award is selected by agreement.
Article 35 Where two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring a lawsuit in one of the people's courts. If the plaintiff brings a lawsuit to two or more people's courts with jurisdiction, it shall be under the jurisdiction of the people's court that filed the case first.