The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
The Supreme People's Court's judicial interpretation of the Civil Procedure Law is as follows:
Chapter I Jurisdiction
Article 1 The major foreign-related cases as stipulated in Article 18, paragraph 1 of the Civil Procedure Law include cases with large disputed subject matter, cases with complicated cases or cases with a large number of parties.
Article 2 Patent dispute cases shall be under the jurisdiction of intellectual property courts, intermediate people's courts designated by the Supreme People's Court and grassroots people's courts.
Maritime and maritime cases shall be under the jurisdiction of the maritime court.
Article 3 The domicile of a citizen refers to the domicile of a citizen, and the domicile of a legal person or other organization refers to the location of the main office of a legal person or other organization.
If the location of the main office of a legal person or other organization cannot be determined, the registered place of the legal person or other organization shall be the domicile.
Article 4 A citizen's habitual residence refers to a place where he has lived continuously for more than one year from the time he left his domicile to the time when he filed a lawsuit, except the place where he was hospitalized for medical treatment.
Article 5 A lawsuit brought against an individual 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.
Article 6 If the defendant's household registration is cancelled, the jurisdiction shall be determined in accordance with the provisions of Article 22 of the Civil Procedure Law; If both the plaintiff and the defendant cancel their accounts, it shall be under the jurisdiction of the people's court of the defendant's domicile.
Article 7 If a party has a habitual residence and has not settled after moving out, it shall be under the jurisdiction of the local people's court; If there is no habitual residence, it shall be under the jurisdiction of the people's court where the original household registration is located.
Article 8 Where both parties are imprisoned or compulsory education measures are taken, they shall be under the jurisdiction of the people's court of the defendant's original domicile. If the defendant has been imprisoned or taken compulsory education measures for more than one year, it shall be under the jurisdiction of the people's court where the defendant is imprisoned or taken compulsory education measures.
Article 9 If several defendants in a case of recovering alimony, child care and alimony are not in the same jurisdiction, they may be under the jurisdiction of the people's court where the plaintiff has his domicile.
Article 10 A case of refusing to accept the designated guardianship or changing the guardianship relationship may be under the jurisdiction of the people's court of the ward's domicile.
Article 11 Civil cases in which both sides are soldiers or troops shall be under the jurisdiction of military courts.
Article 12 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 may 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 defendant has his domicile when the plaintiff files a lawsuit.
Article 13 Overseas Chinese married in China and settled abroad refuse to accept the divorce proceedings in the national court of the place where they got married, and if the parties file divorce proceedings in the people's court, it shall be under the jurisdiction of the people's court of the country where they got married or the people's court of one party's last residence in China.
Article 14 Overseas Chinese who have married and settled abroad reject their applications on the grounds that divorce proceedings must be under the jurisdiction of the court of the country of nationality. If the parties file divorce proceedings in a people's court, they shall be under the jurisdiction of the people's court of one party's original domicile or last domicile.
Fifteenth China citizens live abroad, and one party 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.
Article 16 If both China citizens have not settled abroad, and one of them brings a divorce lawsuit to the people's court, it shall be under the jurisdiction of the people's court where the plaintiff or defendant has his domicile.
Seventeenth divorced China citizens, both of whom have settled abroad, shall be under the jurisdiction of the people's court where their main property is located.
Article 18 Where the place of performance is stipulated in the contract, the agreed place of performance is the place of performance of the contract.
Where the place of performance is not stipulated or clearly stipulated in the contract, and the subject matter of the dispute is the currency of payment, the party receiving the currency is the place of performance of the contract; Where the real estate is delivered, the place where the real estate is located is the place where the contract is performed; For other targets, the place of performance of the contract is the place of performance of the contract. For contracts that are 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 agreed in the contract, it shall be under the jurisdiction of the people's court of the defendant's domicile.
Article 19 A property lease contract and a financial lease contract shall be performed at the place where the leased property is used. Where there is an agreement on the place of performance in the contract, such agreement shall prevail.
In our daily life, we will inevitably encounter civil disputes with others. At this time, we need to pay attention to the procedures and regulations of civil litigation.