To ensure you exercise equal rights in litigation, while guaranteeing the legitimacy of the exercise of the jurisdiction of the Court and preventing the emergence of jurisdictional errors, we provide you with the following guidelines on the conduct of objections to jurisdiction to help you understand the relevant provisions. Please read carefully.

1. First, you shall Check whether you Meet the Conditions for Jurisdictional Objections.

1.1 The subject of jurisdictional objection. You must be a party to the case in order to have jurisdiction to raise objections. In general, jurisdictional objections are proposed by the defendant, and in accordance with the Principle of Equal Rights of Litigation, the plaintiff has the right to prosecute and the defendant is given jurisdiction to raise objections accordingly.

1.2 The object　of jurisdictional objection. You can only raise objections over the jurisdiction at first distance. In accordance with the appellate system in civil litigation,　the jurisdiction of the Court of second instance is decided by the Court of first instance, so you have no right to challenge the jurisdiction of second instance.

1.3 The duration of jurisdictional objection. For the international civil and commercial cases, you must propose a jurisdictional objection within 30　days after you receiving the　indictment.　The main purpose of this provision is to remind you to exercise your rights as soon as possible to ensure the efficiency of the　proceedings.

2. Court’s Handling of Jurisdictional Objections

The Court will investigate your objection after you propose your jurisdictional objection. If the Court considers your objection is established, it will order the transfer of the case to a Court with jurisdiction; if the Court considers your objection is not established, it will order the dismissal of your objection.

In addition, it is important to note that if you do not propose an objection or respond to the case, it will be deemed that the People’s Court accepting the case has jurisdiction, except if violating the provisions of the level of jurisdiction and exclusive jurisdiction.

3. You also need to Understand the Legal Basics of Constant Jurisdiction. 　　

Constant Jurisdiction refers to the determination of jurisdiction. The case is governed by the Court of Appeal, regardless of the circumstances of the case after the proceedings of the plaintiff. The purpose of this system is to ensure the timely trial of cases and prevent the delay in litigation. Specific embodiments (examples) are as follow:

3.1 The level of jurisdiction is constant. It mainly refers to the level of jurisdiction which does not change with the increase, or decrease, of litigation matter after the litigation matter is determined, except for deliberate evasion of the relevant level of jurisdiction.

3.2 The territorial jurisdiction is constant. It mainly refers to the territorial jurisdiction which is not affected by the change in the factors that determine the jurisdiction after the litigation matter is determined. Specifically, changes in the domicile and habitual residence of the parties, as well as changes　in the administrative areas after the litigation, cannot lead to a change in jurisdiction.

4. The Adverse Consequences of the Improper Proposition of Jurisdictional Objections

Faithful litigation is the basic obligation of a party. It is your right to raise a jurisdictional objection but it should not be abused. If you raise a jurisdictional objection which obviously lacks the necessary basis, it will be regarded as malicious setting up of litigation obstacles for the other party, delay litigation, wasting judicial resources, and obstructing justice. The Court shall fine you by ordering for payment of fees such as litigation fees and lawyer fees.