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Notice of Case Jurisdiction
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  发布时间:2022-05-07 17:52:43 打印 字号: | |

The jurisdiction of the case shall determine the responsibilities and powers of the case between the courts. In order to help you understand the relevant regulations of civil litigation jurisdiction, legally seek for judicial relief and safeguard your legal rights and interests, this notice is made in accordance with Civil Procedure Law of the Peoples Republic of China. In order to bring litigation to a court with jurisdiction more accurately, please read the following content carefully:

 

1. The Jurisdiction Scope of the First International Civil and Commercial Court of Hainan

Foreign civil litigation refers to civil litigation where a party or both parties are foreign nationals, foreign legal persons or other organizations, stateless persons, a party or both parties habitual residence is located outside the territory of the Peoples Republic of China, the litigation matters are located outside the territory of the People’s Republic of China, or the legal fact of production, modification and elimination of legal relationship occurs outside the territory of the People’s Republic of China.

The trial of Hong Kong, Macao and Taiwan civil litigation is conducted in accordance with foreign civil litigation procedure.

Trial and execution of the first instance of international civil and commercial cases within Haikou, Sansha, Danzhou, Yangpu Economic Development Zone, Wenchang, Qionghai, Chengmai, Tunchang, Lingao, Dingan, Qiongzhong Li and Miao Autonomous County and Changjiang Li Autonomous County with a litigation matter less than but not equal to 5 billion Chinese Yuan;

Trial and execution of the first instance of civil and commercial cases related to Hong Kong, Macao and Taiwan within the jurisdiction areas specified above and with a litigation matter less than but not equal to 5 billion Chinese Yuan

Execution of the International commercial mediation and arbitration cases within the jurisdiction scope specified above;

 

2. General Territorial Jurisdiction

Such jurisdiction generally follows the Principle of “Plaintiff Accommodated to the Defendant”, which facilitates the trial of the Court and the participation of the parties in litigation. A civil litigation filed by a citizen shall be governed by the People’s Court of the defendants domicile. If the defendant domicile is inconsistent with the habitual residence, the litigation shall be governed by the People’s Court of habitual residence. The domicile of a citizen refers to the registered permanent residence, while habitual residence refers to a place where a citizen has been resident for at least one year after leaving the domicile, except if the citizen is hospitalized. The domicile of a legal person or other organizations is the location of its principal place of business or the principal office. However, you should also note following main circumstances of the authority of the jurisdiction of the Peoples Court of the plaintiff.

2.1 Litigation concerning relationship status of persons not residing in the territory of the People’s Republic of China,

2.2 Litigation concerning relationship status of persons unaccounted for or declared missing;

2.3 Litigation filed against persons taken into compulsory education;

2.4 Litigation filed by persons imprisoned.

 

3. Special Territorial Jurisdiction

In accordance with the legal facts of litigation matters or the location of dispute matters,the law also stipulates the following special territorial jurisdiction:

3.1 Contract dispute litigation shall be under the jurisdiction of the Peoples Court of defendant's domicile or the People’s Court of the place where the contract is performed;  

3.2 Insurance contract dispute litigation shall be governed by the People's Court of defendant's domicile or the People’s Court of the place where the insured item is located;

3.3 Litigation brought by a bill dispute shall be governed by the Peoples Court of the plaintiff where the bill is paid or the People’s Court of defendant's domicile;

3.4 Litigation brought by a dispute arising from the establishment of the company, confirmation of the shareholder's eligibility, profit distribution, dissolution and other related disputes shall be governed by the Peoples Court of the place where the company is located;

3.5 Litigation brought by a dispute arising over railways, highways, waterways, air transportation and combined transportation contracts shall be governed by the Peoples Court of the place of origin, destination or the defendant’s domicile;   

3.6 Litigation brought by tort shall be governed by the Peoples Court of the place where the tort was happened or the Peoples Court of the defendant 's domicile.

 

4.Exclusive Jurisdiction   

The law expressly stipulates that the following special cases shall only be governed by a particular court.

4.1 Litigation brought by a real estate dispute shall be governed by the People’s Court where the real estate is located;

4.2 Litigation brought by a dispute arising from port operations shall be governed by the People’s Court of the place where the port is located;

4.3 Litigation brought by an inheritance dispute shall be governed by the People's Court of the place where the heirs died or the place where the main estate is located.

 

5. Contractual Jurisdiction

If you are a party related to a contract or other property rights dispute, you shall submit in writing decision to select the jurisdiction of the Peoples Court belonging to the defendant's domicile, the place of performance of the contract, the place where the contract is signed, the plaintiff’s domicile, the place where the item is located, or any other places related to the dispute without violating the legal provisions on the level of jurisdiction and exclusive jurisdiction.

 

6.Jurisdiction of Foreign Civil Procedure

Contract dispute litigation or litigation arising from other property rights disputes against a defendant who has no domicile in the territory of the People’s Republic of China shall be governed by the People’s Court where the contract is signed or performed, the litigation item or detainable property is located, the location of the tort, or where the representative body is located if the contract is signed fulfilled within the territory of the People’s Republic of China, the litigation item is located within the territory of the People’s Republic of China, the defendant has property detainable in the territory of the People's Republic of China, or the defendant has a representative body in the territory of the People Republic of China.

责任编辑:三亚市中院管理员