Second, the court's jurisdiction over the case has a legal basis and is not based on individual will. According to Article 21 of the Civil Procedure Law, 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.
Article 22 The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile: if the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his 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 against the person who has taken compulsory education measures;
(4) Proceedings against prisoners.
Article 23 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.
Article 24 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.
Article 25 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.
Article 26 A lawsuit brought for the establishment, shareholder qualification confirmation, profit distribution and dissolution of a company shall be under the jurisdiction of the people's court where the company is domiciled.
Article 27 A lawsuit brought for a dispute over a railway, highway, water or air transport contract shall be under the jurisdiction of the people's court of the place of origin, destination or the defendant's domicile.
Article 28 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.
Article 29 A lawsuit for claiming damages due to a railway, highway, water or aviation accident 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 has his domicile.
Article 30 A lawsuit 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 31 A lawsuit brought for salvage charges at sea shall be under the jurisdiction of the people's court of the place where the salvage act occurred or where the rescued ship first arrived.
Article 32 A lawsuit 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.
Article 33 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.
Article 34. The parties to a dispute over a contract or other property rights and interests may, through written agreement, choose a people's court in a place that has a real relationship with the dispute, such as 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.
Article 35 Where two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring a suit 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.
Third, regarding the prosecution fees, according to Article 13 of the Measures for the Payment of Litigation Fees, the fees for accepting cases shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%;
3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%;
4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;
6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;
7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;
9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;
10. For the part exceeding 20 million yuan, 0.5% shall be paid.
(2) Non-property cases shall be paid according to the following standards:
1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.
2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
3. Pay 50 yuan to 100 yuan for each non-property case of the other party.
(3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Payment for each labor dispute case 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent and maritime administrative cases each 100 yuan;
2. Every 50 yuan in other administrative cases.
(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.