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Method of release (2015), 5th
Interpretation of the Supreme People's Court on the application of the civil procedure law of people's Republic of China on December 18, 2014 1636th meeting, theCommittee adopted by the Supreme People's Court trial, are hereby promulgatedand, as of February 4, 2015.
The Supreme People's Court
The January 30, 2015
Directory
First, jurisdiction
Second, avoid
Third, the participants in the proceedings
Four, evidence
Five, and during delivery
Six, mediation
Seven, to preserve and advance the implementation
Eight, compulsory measures against impairment of
Nine, litigation costs
Ten and the ordinary procedure of first instance
XI summary
12, in the summary procedure of small claim
13, public interest litigation
14, the third party discharging action
XV, Executive dissent
16, the procedure of second instance
17, special procedures
18, the trial supervision procedure
19, and urging procedure
20, publicizing programs
21, the execution of the program
22, foreign-related civil procedure special provisions
23, annex
On August 31, 2012, the 28th meeting of the Standing Committee of the 11th NPCadopted the decision on amendments to the civil procedure law of people's Republic of China. Under the revised civil law, combined with people's court civil trial and enforcement practice, formulated to explain.
First, jurisdiction
18th article of civil procedure provisions of article's major foreign-related cases, including cases amount of contentious cases, the complexity of the case, or a party to a large number of cases with major implications.
Second patent disputes by the intellectual property courts, intermediate people's courts and grass-roots people's courts of the Supreme People's Court to determine jurisdiction.
Maritime cases governed by the maritime Court.
Article citizens ' domicile refers to the citizens ' domicile, the domicile of legal persons or other organizations is the legal entity or other organization's principal place of business.
The principal place of business of the legal entity or other organization cannot bedetermined, legal persons or other organizations incorporated or registered for residence.
IV a citizen's habitual residence refers to a citizen to leave his domicile to the prosecution has been living for more than a year, citizens hospitalized except in places.
Article fifth no offices of individual partnership action, partnership, joint venture, registered by the defendant shall have jurisdiction. No registration, several defendants are not in the same area, the people's Court of the defendant's domicile have jurisdiction.
Sixth defendant be cancelled household registration, jurisdiction shall be determined in accordance with the civil procedure law of 22nd; the plaintiffs, the defendants cancelled registered permanent residence where the defendant lives shall have jurisdiction.
Article seventh party residence after moving out is not yet settled, habitual residence, governed by the people's Court; no habitual residence, by their original domicile shall have jurisdiction.
Article eighth both parties were jailed or taken the mandatory educational measures and of residence shall have jurisdiction of the defendant. Defendant imprisonedor taken the mandatory educational measures for more than a year, the defendanthas been imprisoned or taken the mandatory educational measures shall have jurisdiction.
Nineth recovery of maintenance or upbringing, maintenance cases of several of the defendant's domicile is not in the same area, the plaintiff has his domicile shall have jurisdiction.
Tenth refuses to specify a monitor or change of guardianship cases by guardian residence shall have jurisdiction.
11th two parties were soldiers or army unit of civil cases from the jurisdiction of the military courts.
12th one spouse to leave his domicile for more than a year, the other party filing for divorce cases, the plaintiff has his domicile shall have jurisdiction.
Couples left his domicile for more than a year, a party filing for divorce cases, by the defendant's habitual residence shall have jurisdiction; no habitual residence, theplaintiff sued the defendant lives shall have jurisdiction.
13th married in China and overseas Chinese residing abroad, in divorce proceedings before a Court of that country as required by marriage was inadmissible on thegrounds of jurisdiction of the Court, the parties submitted to the Court in divorceproceedings, marriage or a party in the country's last place of residence shall have jurisdiction.
Article 14th abroad and overseas Chinese residing abroad, in divorce proceedingsbefore a Court of that country as required by the State of nationality was inadmissible on the grounds of jurisdiction of the Court, the parties submitted to the Court in divorce proceedings, or by one of the original homes in the country's last placeof residence shall have jurisdiction.
15th Chinese citizens living abroad, living at home, regardless of which party to the people's Court for divorce proceedings, domestic party has his domicile shall have jurisdiction. Foreign party in the country of residence the Court, the domestic court, appellate court jurisdiction.
16th both Chinese citizens in foreign countries but not yet settled, party to a lawsuit for divorce, original by the plaintiff or the defendant is domiciled shall have jurisdiction.
Article 17th of divorced Chinese citizens, both sides settled abroad, only of domestic property proceedings, from major property is located shall have jurisdiction.
Article 18th agreed upon the place of performance of the contract, the place of performance of the contract for performance of the contract.
No agreement or the agreement on the place of performance of the contract is not clear, controversial subject for payment of money, receiving money is located for the place of performance of the contract; delivery of real estate, real property is located for the place of performance of the contract; the other, where the obligation is for the place of performance of the contract. Instant settlement of contracts,transactions for the place of performance of the contract.
No specific performance of the contract, and domicile of the parties were not in the place of performance of the contract, the defendant has his domicile shall have jurisdiction.
Article 19th property leasing contracts, leasing contracts to use the leased property for the place of performance of the contract. Have agreed on the place of performance of the contract, their agreement shall prevail.
20th information network concluded a contract of sale, through the delivery of thesubject matter of the information network, with domicile of the buyer as the placeof performance of the contract; subject of delivery by other means, a receipt for the place of performance of the contract. Have agreed on the place of performanceof the contract, their agreement shall prevail.
Article 21st lawsuit brought on a dispute over property insurance contract, if the subject matter of the insurance is the means of transport or transport of goods, bymeans of transport registered, transport, insurance accident shall be under the jurisdiction of destination.
Personal lawsuit brought on a dispute of the contract of insurance, the insured person has his domicile shall be under the jurisdiction.
22nd due to register records, request for change of corporate registration, shareholder rights, Board resolution, merger, corporate separation, the company capitalreduction, the company increased capital lawsuit brought on a dispute, shall be determined in accordance with the civil procedure law article 26th jurisdiction.
23rd the creditors ' application for a payment order, 21st applicable civil procedure code provides that jurisdiction of the domicile of the debtor's basic people's courts.
24th article 28th of the civil procedure law infringement, including violations committed, infringement occurs.
25th information networks violations committed, including the Act of infringementcomplained of computer information such as the location of the equipment, infringement results including the infringer's domicile.
Article 26th due to substandard products, services others property, filed the personal injury litigation, product manufacturing, product sales, services provided, tort and where the defendant has his domicile shall have jurisdiction.
27th party to the application before the preservation of the non-statutory period after prosecution or apply for arbitration, causes loss to the applicant or interestedparty lawsuit by taking protective measures shall have jurisdiction.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311