What does the Supreme Court's opinion on the application of the Civil Procedure Law stipulate?

What does the Supreme Court's opinion on the application of the Civil Procedure Law stipulate? The Opinions of the Supreme Court on the Application of the Civil Procedure Law mainly stipulates jurisdiction, withdrawal, participants in litigation, evidence, period and delivery, mediation, preservation and prior execution, compulsory measures that hinder civil litigation, litigation costs, ordinary procedures of first instance, summary procedures, small litigation in summary procedures, public interest litigation, withdrawal of the lawsuit by the third party, execution of objection litigation, etc. The specific contents are as follows: 1. The jurisdiction of major foreign-related cases stipulated in Item 1, Paragraph 1, Article 18 of the Civil Procedure Law, including cases with large controversial subject matter, complicated cases or 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. Article 20 Where a sales contract is concluded through an information network and the subject matter is delivered through the information network, the domicile of the buyer is the place where the contract is performed; Where the subject matter is delivered by other means, the place of receipt is the place of performance of the contract. Where there is an agreement on the place of performance in the contract, such agreement shall prevail. Article 21 Where the subject matter of insurance is means of transport or goods in transit, a lawsuit brought over a property insurance contract dispute shall be under the jurisdiction of the people's court of the place where the means of transport is registered, the destination of transport and the place where the insured accident occurred. A lawsuit arising from a personal insurance contract dispute may be under the jurisdiction of the people's court of the insured's domicile. Article 22 The jurisdiction of litigation arising from disputes such as records in the register of shareholders, requests for change of company registration, shareholders' right to know, company resolutions, company merger, company division, company capital reduction and company capital increase shall be determined in accordance with the provisions of Article 26 of the Civil Procedure Law. Article 23 Where a creditor applies for a payment order, the provisions of Article 21 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 24 The place of infringement stipulated in Article 28 of the Civil Procedure Law includes the place where the infringement occurred and the place where the infringement result occurred. Article 25 The place where the information network infringement takes place includes the location of computers and other information equipment where the alleged infringement takes place, and the place where the infringement result takes place includes the residence of the infringed. Article 26 The people's court in the place where the product is manufactured, the product is sold, the service is provided, the place where the infringement is committed, and the place where the defendant resides shall have jurisdiction over the lawsuit brought by others for property or personal injury caused by substandard products and services. Article 27 If a party fails to file a lawsuit or apply for arbitration within the statutory time limit after applying for pre-litigation preservation, thus causing losses to the respondent and interested parties, the people's court that took preservation measures shall have jurisdiction. After the parties apply for pre-litigation preservation, they may bring a lawsuit or apply for arbitration within the statutory time limit. Where the respondent or interested party brings a lawsuit for losses caused by preservation, it shall be under the jurisdiction of the people's court that accepts the lawsuit or the people's court that takes preservation measures. Article 28 The real estate dispute as stipulated in Item 1 of Article 33 of the Civil Procedure Law refers to the real right dispute caused by the confirmation, division and adjacent relationship of real estate rights. Disputes over rural land contract management contracts, housing lease contracts, construction project contracts and policy housing sales contracts shall be governed by real estate disputes. If the real estate has been registered, the location recorded in the real estate register shall be the location of the real estate; If the immovable property is not registered, the actual location of the immovable property shall be the location of the immovable property. Article 29 A written agreement as stipulated in Article 34 of the Civil Procedure Law includes a written agreement stipulating the jurisdiction clause in a written contract or choosing jurisdiction before litigation. Thirtieth according to the jurisdiction agreement, the court of jurisdiction can be determined at the time of prosecution, from its agreement; If it cannot be determined, the jurisdiction shall be determined in accordance with the relevant provisions of the Civil Procedure Law. The jurisdiction agreement stipulates the jurisdiction of two or more people's courts related to the dispute, and the plaintiff may bring a lawsuit to one of them. Thirty-first operators use standard terms to enter into jurisdiction agreements with consumers, but fail to take reasonable measures to draw consumers' attention. If consumers claim that the jurisdiction agreement is invalid, the people's court shall support it. Article 32 The jurisdiction agreement stipulates that one party shall be under the jurisdiction of the people's court at its domicile. If the domicile of the parties changes after the signing of the agreement, it shall be under the jurisdiction of the people's court where the agreement was signed, unless otherwise agreed by the parties. Article 33 Where a contract is transferred, the jurisdiction agreement of the contract is valid for the transferee of the contract, except that the transferee was unaware of the existence of the jurisdiction agreement at the time of transfer, or the transfer agreement was otherwise agreed and the original contract counterpart agreed. Article 34 Where the parties agree on jurisdiction over property disputes arising after cohabitation or dissolution of marriage or adoption, the provisions of Article 34 of the Civil Procedure Law may be applied to determine jurisdiction. Article 35 If a party fails to respond to the lawsuit after the expiration of the defense period, and the people's court finds that the case is not under its jurisdiction before the trial of first instance, it shall make a ruling to transfer it to the people's court with jurisdiction. Article 36 Where two or more people's courts have jurisdiction over a lawsuit, the people's court that filed the case first shall not transfer the case to the people's court that has jurisdiction. If the people's court finds that other people's courts with jurisdiction have filed the case first before filing the case, it will not file the case again; If it is found that other people's courts with jurisdiction have filed the case first after filing the case, the case shall be transferred to the people's court that filed the case first. Article 37 After accepting a case, the people's court under appeal shall not affect its jurisdiction because the parties change their domicile or habitual residence. Article 38 After accepting a case, a people's court with jurisdiction may not transfer the case to a people's court with jurisdiction after the change on the grounds of administrative region change. Appeals after judgment and cases submitted for trial in accordance with trial supervision procedures shall be tried by the people's court at a higher level than the people's court that originally tried them; A case ordered to be retried or remanded by a people's court at a higher level shall be retried or remanded by the people's court that originally tried it. Article 39 Where a people's court determines its jurisdiction after examining the objections to jurisdiction, it shall not change its jurisdiction because the parties file counterclaims, add or change their claims, unless it violates the provisions on hierarchical jurisdiction and exclusive jurisdiction. If a party raises an objection to jurisdiction, the people's court shall not review the case remanded by the people's court and the case retried according to the procedure of first instance. Article 40 In accordance with the provisions of the second paragraph of Article 37 of the Civil Procedure Law, when two people's courts cannot report to their respective superior people's courts for consultation and designation of jurisdiction due to jurisdiction disputes, if both parties are grass-roots people's courts in the same place or municipal district, they shall designate jurisdiction in time; If two people's courts belong to the same province, autonomous region or municipality directly under the Central Government, the higher people's court of that province, autonomous region or municipality directly under the Central Government shall designate jurisdiction in time; The two sides are people's courts across provinces, autonomous regions and municipalities directly under the Central Government. If the Higher People's Court fails to negotiate, the jurisdiction shall be designated by the Supreme People's Court in time. When reporting to the people's court at a higher level for designated jurisdiction in accordance with the provisions of the preceding paragraph, it shall be handled step by step. Article 41 If the people's court designates jurisdiction in accordance with the provisions of the second paragraph of Article 37 of the Civil Procedure Law, it shall make a ruling. The lower people's court shall suspend the trial of a case submitted to the higher people's court for designation. If the people's court at a lower level makes a judgment or ruling on the case before the ruling on designated jurisdiction is made, the people's court at a higher level shall revoke the judgment or ruling of the people's court at a lower level while ruling on designated jurisdiction. Article 42 A people's court may refer the following civil cases of first instance to a people's court at a lower level for trial in accordance with the provisions of Article 38, paragraph 1, of the Civil Procedure Law: (2) Cases with a large number of parties which are inconvenient for litigation; (3) Other types of cases determined by the Supreme People's Court. The people's court shall report to the higher people's court for approval before submitting it to the lower people's court for trial. After the approval of the people's court at a higher level, it shall make an order to transfer the case to the people's court at a lower level for trial. Two. Article 43 A judge shall recuse himself under any of the following circumstances, and the parties have the right to apply for recusal: (1) He is a party to the case or a close relative of the party; (2) He or his close relatives have an interest in the case; (3) Having served as a witness, expert witness, defender, agent ad litem or translator in this case; (4) Being a close relative of the agent ad litem in this case; (5) I or a close relative holds the shares or equity of the parties of the unlisted company in this case; (6) Having other interests with the parties or agents ad litem in this case, which may affect a fair trial. Article 44 If a judge is under any of the following circumstances, the parties concerned have the right to apply for his withdrawal: (1) Accepting a banquet given by the parties to this case and their clients, or participating in activities in which they pay for the expenses; (2) soliciting or accepting property or other benefits from the parties to the case and their clients; (three) in violation of the provisions of the meeting with the parties or agents ad litem; (4) recommending or introducing agents ad litem for the parties, or introducing lawyers and other personnel to represent cases; (5) Borrowing money and materials from the parties to the case and their clients; (six) there are other misconduct, which may affect the fair trial. Article 45 A judge who participates in the trial of this case in one trial procedure may not participate in the trial of other procedures in this case. If a case remanded for retrial enters the procedure of second instance after the judgment of the court of first instance, the members of the collegial panel of the original procedure of second instance shall not be restricted by the provisions of the preceding paragraph. Article 46 If the judge does not withdraw or the party concerned does not apply for withdrawal, it shall be decided by the president or the judicial committee. Article 47 The people's court shall inform the parties that they have the right to apply for the withdrawal of the collegial panel, the sole judge and the clerk. Article 48 The judicial personnel mentioned in Article 44 of the Civil Procedure Law include the presidents, vice presidents, members of judicial committees, presidents, vice presidents, judges, assistant judges and people's jurors who participated in the trial of this case. Article 49 The relevant provisions on the withdrawal of judges shall apply to clerks and executors. Three. Participants in litigation Article 50 The legal representative of a legal person shall be registered according to law, except as otherwise provided by law. The main person in charge of a legal person who does not need to be registered according to law is the legal representative; If there is no full-time person in charge, the deputy person in charge of the work shall serve as the legal representative. The legal representative has been changed, but it has not been registered. If the legal representative after the change requests to participate in the litigation on behalf of the legal person, the people's court may allow it. Other organizations are represented by their principal responsible persons. Article 51 If the legal representative of a legal person changes in the course of litigation, the new legal representative shall continue the litigation and submit a new identity certificate of the legal representative to the people's court. The lawsuit conducted by the original legal representative is valid. The provisions of the preceding paragraph shall apply to lawsuits in which other organizations participate. Article 52 "Other organizations" as stipulated in Article 48 of the Civil Procedure Law refer to organizations established according to law, which have certain organizational structure and property, but do not have legal person status, including: (1) sole proprietorship enterprises registered and obtained business licenses according to law; (2) A partnership enterprise registered according to law and obtaining a business license; (3) Chinese-foreign contractual joint ventures and foreign-capital enterprises registered according to law and obtained the business license of China; (4) Branches and representative offices of legally established social organizations; (5) branches of legal persons established according to law and obtaining business licenses; (6) Branches of commercial banks, policy banks and non-bank financial institutions established according to law and obtained business licenses; (seven) township enterprises and street enterprises registered to obtain business licenses according to law; (eight) other organizations that meet the conditions stipulated in this article. Article 53 A branch that a legal person has not established according to law, or a branch that has been established according to law but has not obtained a business license, is a legal person that established the branch. Article 54 If a party engages in civil activities by means of affiliation and requests the affiliated party and the affiliated party to bear civil liability according to law, the affiliated party and the affiliated party are joint litigants. Article 55 In a lawsuit, if one of the parties dies and it is necessary to wait for the heir to indicate whether to participate in the lawsuit, an order shall be made to terminate the lawsuit. The people's court shall promptly notify the successor to undertake the litigation as a party, and the litigation act carried out by the decedent shall be effective for the successor to undertake the litigation. Article 56 If the staff of a legal person or other organization causes damage to others while performing their work tasks, the legal person or other organization is a party. Article 57 If a party providing labor services causes damage to others due to labor services and the victim brings a lawsuit, the party receiving labor services shall be the defendant. Article 58 During the labor dispatch period, if the dispatched personnel cause damage to others due to the performance of work tasks, the employing unit that accepts the labor dispatch shall be the party concerned. If the parties claim that the labor dispatch unit shall bear the responsibility, the labor dispatch unit shall be the defendant. Article 59 Individual industrial and commercial households shall take the business operator registered in the business license as the party in litigation. If there is a name, the name registered in the business license shall be the party concerned, but the basic information of the operator of the name shall be indicated at the same time. If the business operator registered in the business license is inconsistent with the actual operator, the registered operator and the actual operator are the same party. Article 60 In a lawsuit, all the partners of an individual partnership who are not legally registered for a business license are joint litigants. If an individual partnership has a registered name according to law, it shall indicate the registered name in the legal document. All partners can elect representatives; All partners shall issue letters of recommendation to the elected representatives. Article 61 If a dispute between the parties reaches an agreement through mediation by the people's mediation committee, and one party fails to perform the mediation agreement, and the other party brings a lawsuit to the people's court, the other party shall be the defendant. (1) A legal person or other organization should be registered but not registered, that is, the actor conducts civil activities in the name of a legal person or other organization; (2) The actor has no agency, exceeds the agency or conducts civil activities in the name of the principal after the agency is terminated, unless the other party has reason to believe that the actor has agency; (three) after the legal person or other organization is terminated according to law, the actor still carries out civil activities in its name. Article 63 Where an enterprise as a legal person is merged, the merged enterprise is a party to civil activities before the merger; Disputes over civil activities arising before the division of an enterprise as a legal person shall be handled as joint litigants. Article 64 Where an enterprise as a legal person is dissolved, it shall be the party before liquidation and cancellation according to law; If it is revoked without liquidation according to law, the shareholders, promoters or investors of the enterprise as a legal person shall be the parties. Article 65 Where a business letter of introduction, a special seal for a contract, a stamped blank contract or a bank account is borrowed, the lender and the borrower shall be the same litigant. Article 66 If the creditor claims the rights of both the guarantor and the guarantor in a lawsuit arising from a dispute over the guarantee contract, the people's court shall list the guarantor and the guarantor as co-defendants. If the suretyship contract stipulates a general suretyship and the creditor only sues the guarantor, the people's court shall notify the guarantor to participate in the litigation as the defendant; If the creditor only sues the guarantor, the guarantor may be listed as the defendant. Article 67 If a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the person with no capacity for civil conduct, the person with limited capacity for civil conduct and their guardians are * * * co-defendants. Article 68 Where a villagers' committee or villagers' group has a civil dispute with others, the villagers' committee or villagers' group with independent property shall be the party concerned. Article 69 Where a lawsuit is brought against the remains, bones, name, portrait, reputation, honor and privacy of the deceased, the close relatives of the deceased shall be the parties. Article 70 In succession proceedings, if some heirs sue, the people's court shall notify other heirs to participate in the proceedings as plaintiffs. If the notified heir is unwilling to participate in the litigation and has not explicitly waived his substantive rights, the people's court shall still list him and the plaintiff as * * *. Article 71 If the plaintiff sues the principal and the agent for joint liability, the principal and the agent are co-defendants. Seventy-second others infringe upon the property rights of others, and some owners bring a lawsuit, the other owners are joint litigants. Article 73 If a party who must join a joint lawsuit fails to participate in the lawsuit, the people's court shall notify him to participate in the lawsuit in accordance with the provisions of Article 132 of the Civil Procedure Law; The parties may also apply to the people's court for an addition. The people's court shall examine the application of the parties, and if the reasons for the application are not established, it shall rule to reject it; If the reasons for the application are established, it shall notify the additional parties in writing to participate in the proceedings. Article 74 If the people's court adds more parties, it shall notify the other parties. If the plaintiff who should be added has explicitly given up his substantive rights, it may not be added; Neither willing to participate in litigation, nor giving up substantive rights, should still be added as a * * * relationship with the plaintiff, and its non-participation in litigation will not affect the trial of the case and the judgment made by the people's court according to law. Article 75 The number of people specified in Articles 53, 54 and 199 of the Civil Procedure Law is relatively large, generally referring to more than 10 people. Article 76 In accordance with Article 53 of the Civil Procedure Law, if it is determined that there are a large number of parties during the prosecution, each party may elect a representative with the same name, or some parties may elect their own representatives; A party who has not elected a representative may take part in the proceedings on his own in a necessary joint action, or file a separate lawsuit in a common joint action. To sum up, although the Supreme Court is not directly involved in the handling of specific social cases, in order to guide other courts to better judge unfair cases for citizens, it is necessary to give certain meanings to the uncertain contents in the Civil Procedure Law, and then give them to other courts for use, so as to maintain social and legal order.