Civil Procedure Law of the People's Republic of China
Adopted at the Fourth Session of the Seventh National People's Congress on April 9, 1991
No. Article 22 Civil lawsuits filed against citizens shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled; if the defendant's place of domicile is inconsistent with the place of habitual residence, the People's Court of the place of habitual residence shall have jurisdiction.
Civil lawsuits filed against legal persons or other organizations shall be under the jurisdiction of the people's court where the defendant is domiciled.
If the domiciles and habitual residences of several defendants in the same lawsuit are within the jurisdiction of two or more people's courts, each of the people's courts shall have jurisdiction.
Article 23 The following civil lawsuits shall be under the jurisdiction of the People’s Court of the place where the plaintiff is domiciled; if the plaintiff’s place of domicile is inconsistent with the place of habitual residence of the plaintiff, the People’s Court of the place of habitual residence of the plaintiff shall be under the jurisdiction:
(1) Litigation related to identity and relationship filed against persons who do not reside within the territory of the People's Republic of China;
(2) Litigation related to identity and relationship filed against persons whose whereabouts are unknown or declared missing ;
(3) Litigation filed against persons in reeducation through labor;
(4) Litigation filed against imprisoned persons.
Article 24: Litigation brought due to contract disputes shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or the place where the contract is performed.
Article 25 The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, but this provision shall not be violated. The law provides for hierarchical jurisdiction and exclusive jurisdiction.
Article 34 The following cases shall be under the exclusive jurisdiction of the people's courts specified in this article:
(1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court where the real estate is located;
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(2) Litigation filed due to disputes arising from port operations shall be under the jurisdiction of the People's Court where the port is located;
(3) Litigation filed due to inheritance disputes shall be governed by the jurisdiction of the place where the decedent was domiciled at the time of death. Or the people's court where the main heritage is located has jurisdiction.
Article 35: For a lawsuit that two or more people's courts have jurisdiction over, the plaintiff may bring a lawsuit to one of the people's courts; if the plaintiff brings a lawsuit to two or more people's courts that have jurisdiction, the lawsuit shall be filed first. The People's Court where the case is filed has jurisdiction.
Opinions of the Supreme People's Court on Several Issues Concerning the Application of the "Civil Procedure Law of the People's Republic of China"
Discussed and adopted at the 528th meeting of the Judicial Committee of the Supreme People's Court (Supreme People's Court) )
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 Foreign-related cases involving 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 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, and 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 domicile 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 for divorce, 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.
14. For overseas Chinese who are married and 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 courts of the country of nationality, and the parties file divorce proceedings in the people's court, the original party shall The People's Court of the place of domicile or last residence in the country has jurisdiction.
15. If one Chinese citizen lives abroad and the other party lives in China, no matter which party files a divorce lawsuit in the people's court, the people's court in the place where the domestic party is domiciled 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.
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 in the original place of residence of the plaintiff or defendant shall have jurisdiction.
17. Litigation brought against a civil partnership or partnership-type joint venture without an office shall be under the jurisdiction of the people's court 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.
18. In a lawsuit filed due to a contract dispute, if the contract is not actually performed and the domicile of both parties is not the place of performance stipulated in the contract, the People's Court of the defendant's domicile shall have jurisdiction.
19. If the two parties to a purchase and sale contract have an agreement 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 based on the method of delivery: Adopt If the delivery method is used, the place where the goods are delivered shall be the place where the contract is performed; if the self-pickup method is used, the place where the goods are picked up shall be the place where the contract is performed; if the goods are consigned or delivered according to the delivery method of wood or coal, the place of delivery shall be the goods shipped
The place is the place where the contract is performed.
If the actual place of performance of the 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. In a processing contract, the place where the processing is performed shall be the place of performance, unless there is an agreement on the place of performance in the contract.
21. In property leasing contracts and financial leasing contracts, the place where the leased property is used shall be the place of performance, unless there is an agreement on the place of performance in the contract.
22. For a compensation trade contract, the place where the party receiving the investment performs its main obligations shall be the place where the contract is performed.
23. The agreement in a written contract stipulated in Article 25 of the Civil Procedure Law refers to the agreement jurisdiction clause in the contract or the agreement on jurisdiction selection reached before litigation.
24. If the parties to a contract choose jurisdiction in an unclear agreement or choose two or more people's courts among the people's courts stipulated in Article 25 of the Civil Procedure Law to have jurisdiction, the agreement to choose jurisdiction shall be invalid. The provisions of Article 24 of the Civil Procedure Law determine jurisdiction.
29. For lawsuits filed due to unqualified product quality 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 infringement is committed, and the place where the defendant is domiciled has jurisdiction.
30. Railway transport contract disputes and tort disputes related to railway transport shall be under the jurisdiction of the Railway Transport Court.
31. For pre-litigation property preservation, the party concerned shall apply to the People’s Court where the property is located.
After the people's court takes pre-litigation property preservation, if the applicant files a lawsuit, he may file a lawsuit with the people's court that took pre-litigation property preservation or other people's courts with jurisdiction.
32. If a party fails to file a lawsuit within the statutory period after applying for pre-litigation property preservation, thus causing property losses to the respondent and triggering a lawsuit, the people's court that takes the property preservation measures shall have jurisdiction.
33. For a lawsuit over which two or more people's courts have jurisdiction, 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.
34. After the case is accepted, the jurisdiction of the people's court subject to the lawsuit will not be affected by the change of the domicile or habitual residence of the parties.
35. After the 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 change of 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 above the original people's court; cases sent back for retrial by the people's court of second instance or ordered by the people's court at a higher level for retrial shall be retried by the people's court of first instance
Trial or retrial.
36. In accordance with the provisions of Paragraph 2 of Article 37 of the Civil Procedure Law, when two people's courts that have a jurisdictional dispute cannot reach negotiation, they submit a request to their superior people's court to designate jurisdiction, such as Both parties are grassroots people's courts that belong to the same place or municipal district, and the intermediate people's court of that place or city shall promptly designate jurisdiction; two people's courts that belong to the same province, autonomous region, or municipality directly under the Central Government shall have jurisdiction over the same province, autonomous region, or municipality.
The Higher People's Court of the administrative region or municipality directly under the Central Government shall promptly designate jurisdiction; if the two parties are people's courts across provinces, autonomous regions, or municipalities directly under the Central Government, and the Higher People's Court fails to reach an agreement through consultation, the Supreme People's Court shall promptly designate jurisdiction.
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.
37. When the superior people's court designates jurisdiction in accordance with the provisions of Article 37 of the Civil Procedure Law, it shall notify the submitting people's court and the designated people's court in writing. After receiving the notice, the people's court that submitted the report should promptly notify the parties