August 31, 2012, the Standing Committee of 11th National People's Congress twenty-eighth session adopted the "Decision on modification <People's Republic of China Civil Procedure Law" of. " According to the revised Civil Procedure Law, combined with the People's Court civil trial and the actual implementation of the enactment of this interpretation.
A jurisdiction
Article 18 of the Law of Civil Procedure Article predetermined first major foreign-related cases, including the controversial subject of the large amount of cases, the case of complex cases, or one of the many parties and so the number of cases have a significant impact.
The second patent disputes by the Intellectual Property Court, the Intermediate People's Court and the Supreme People's Court to determine the basic people's court jurisdiction.
Maritime, maritime cases governed by the maritime court.
Article domicile citizens refers domicile domicile of citizens, legal persons or other organizations refer to the location of the main office of legal persons or other organizations.
The main office location or any other organization can not be determined, legal persons or other organizations for registration or registered domicile.
Article citizen habitual residence refers to the place of residence has been for more than a year, except for the place where the citizens hospitalized citizens to leave the domicile to prosecution.
Article no office for personal partnership, 合伙型联营 body litigation under the jurisdiction of the defendant registered the people's court. No registration, several defendants not in the same jurisdiction, the defendant's domicile people's courts have jurisdiction.
Article defendant was canceled domicile, to determine jurisdiction in accordance with the provisions of Article 22 of the Civil Procedure Law; the plaintiff, the defendant domicile were written off under the jurisdiction of the People's Court accused of residence.
Article domicile of the parties after the move has not yet settled on a regular place of residence under the jurisdiction of the local people's court; no regular place of residence, its former residence under the jurisdiction of the People's Court.
Article VIII of the parties have been imprisoned or taken mandatory educational measures, under the jurisdiction of domicile of the defendant the former People's Court. The defendants were imprisoned or were taken over one year compulsory educational measures, he was imprisoned by the defendant to the mandatory educational measures taken or to the people's court of jurisdiction.
Several defendants domicile IX recovery of maintenance, tending, alimony cases not in the same jurisdiction, the plaintiff may be governed by the people's court of domicile.
Article X dissatisfied specify or change guardianship guardianship cases, may be governed by the people's court is the guardian domicile.
Article XI parties are soldiers or military units under the jurisdiction of military courts in civil cases.
Article XII of the spouses to leave the residence to more than one year, the other party to sue for divorce cases, may be governed by the people's court of the plaintiffs domicile.
Both husband and wife from leaving the house to more than one year, the party sued for divorce in cases where the defendant habitual residence shall have jurisdiction; no regular place of residence, place of residence shall have jurisdiction accused the prosecution of the plaintiff.
Marriage in the country and overseas Chinese residing abroad Article XIII, such as country of residence shall be the courts in divorce proceedings to the jurisdiction of the court on the grounds of marriage concluded inadmissible, the parties filed for divorce the people's court, or in the conclusion of the marriage party in the country Living in the people's court of final jurisdiction.
Married abroad and overseas Chinese residing abroad Article XIV, such as country of residence shall be under the jurisdiction of the courts in divorce proceedings State of the court on the grounds of nationality is inadmissible, the parties filed for divorce the people's court, by one party or the original domicile in the country Living in the people's court of final jurisdiction.
Article XV one Chinese citizen living abroad, one living in the country, regardless of which direction the people's court divorce proceedings, one domestic domicile people's courts have the right to jurisdiction. Party in the country of residence of foreign courts to prosecute domestic one direction people's court, the people's courts have jurisdiction over the subject merchandise.
Article XVI Chinese citizens but the two sides to settle in a foreign country, the people's court for divorce in one direction, shall be the domicile of the plaintiff or the defendant original people's court jurisdiction.
Article XVII of Chinese citizens have been divorced, both sides settled abroad, only for the domestic division of property lawsuit, the main location of the property under the jurisdiction of the People's Court.
Article XVIII place of performance of the contract to the agreed place of performance of the contract is performed.
Contracts for the place of performance is not agreed or the agreement is not clear, the subject of controversy for the payment of money, receiving money for one location to fulfill the contract; delivery of immovable property, real estate location for the performance of the contract; other targets, to fulfill their obligations to one location for the performance of the contract. Immediate settlement of the contract, transactions for performance of the contract.
The contract has not actually performed, the parties do not fulfill the domicile of the parties to the contract agreement, the jurisdiction of the People's Court by the defendant resides.
