26 Jul 2008

Jurisdiction of the case

In civil proceedings in the economy, to prosecute the plaintiff, identified in the lawsuit are the people's courts handled the case, on that court to face prosecution, which is the Code of Civil Procedure, the "jurisdiction" issues.

Level of jurisdiction and the jurisdiction is divided into geographical jurisdiction

Level is governed by the level at which the Court's jurisdiction, is by geographical jurisdiction where the jurisdiction of the Court.

Level of jurisdiction:

Grass-roots people's courts: (district and county people's court) jurisdiction of the general case, that is, no special legal provisions of the first-instance cases. Intermediate People's Court jurisdiction:

(A) major foreign-related cases;

(B) in this area have a significant impact on the case;

(C) of the Supreme People's Court established by the Intermediate People's Court jurisdiction of the case.

Higher People's Court jurisdiction:

In this area have a significant impact on civil cases of first instance.

Geographical jurisdiction

1, general civil cases (such as divorce, debt, etc.) by the defendant to shelter the people's courts jurisdiction; shelter to the accused and not the regular place of residence, place of residence from the regular people's courts jurisdiction. (Shelter, that citizens have registered permanent location; regular place of residence, referring to citizens to leave home for more than a year of living.)

2, the plaintiff's home jurisdiction of a court case in the following categories:

(A) of the People's Republic of China is not living in the area instituted the identity of the proceedings;

(B) declared missing or unaccounted for those who filed the identity of the proceedings;

(C) of the re-education through labour was instituted proceedings;

(D) the imprisonment of people filed lawsuits.

3, due to contract disputes arising from the case, the defendant or his home to perform the contract to the people's court jurisdiction.
(Contract of the parties in a written contract agreement in the choice of accommodation to the defendant, contract performance, contract and home to the plaintiff, the seat of the people's courts subject matter jurisdiction, but should not violate this law on the level of jurisdiction and exclusive jurisdiction of the provisions)

4, infringement cases, from violations to the defendant or shelter to the people's court jurisdiction.

5, exclusive jurisdiction
Because of disputes brought by real estate litigation, real estate from the seat of the people's court jurisdiction. ② inheritance disputes because of the lawsuit filed by the heirs to his home at the time of death or major heritage sites People's Court jurisdiction.

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