Resolution of Economic Disputes: litigation
Resolution of Economic Disputes: litigation
(II) Geographic jurisdiction
Geographic jurisdiction refers to the division of labor and jurisdiction of the people's courts at the same level over civil cases of first instance based on the geographic areas of the people's courts and the subordinate relationship of civil cases. The "actor sequitur forum rei" principle is general principle of geographic jurisdiction, whereby a case falls under the jurisdiction of the people's court where the defendant is domiciled. If the defendant is an individual, the place where his registered residence is located is his domicile, and the case falls under the jurisdiction of the people's court in the place where his habitual residence is located if the habitual residence is not his domicile. If the defendant is a legal entity or other organization, the address of their principal office is their domicile. The following economic cases shall be subject to special geographic jurisdiction: A contract dispute shall be under the jurisdiction of the people's court in the place where the defendant's domicile or the place of performance of the contract is located; An insurance contract dispute shall be under the jurisdiction of the people's court in the place where the defendant's domicile or the subject matter insured is located; A transportation contract dispute shall be under the jurisdiction of the people's court in the place where the place of departure, the destination, or the defendant's domicile is located; and An infringement dispute shall be under the jurisdiction of the people's court in the place where the place of infringement or the defendant's domicile is located.
In order to ensure that the parties fully exercise their litigation rights, the law also allows the parties to agree in writing to choose the jurisdiction of the people's court in the place where the defendant's domicile or the subject matter is located or where the contract is executed or performed; provided that such an agreement shall not violate the provisions of the Civil Procedure Law on jurisdiction or exclusive jurisdiction.
In addition, the Civil Procedure Law also stipulates exclusive jurisdiction, transferred jurisdiction and designated jurisdiction. Exclusive jurisdiction refers to the exclusive jurisdiction determined based on the particularity of the subject matter in dispute. Cases arising from the following disputes fall under the exclusive jurisdiction of the people's courts: A lawsuit brought on a dispute over real estate shall be under the jurisdiction of the people's court of the place where the estate is located; A lawsuit brought on a dispute over harbor operations shall be under the jurisdiction of the people's court of the place where the harbor is located; and a lawsuit brought on a dispute over succession shall be under the jurisdiction of the people's court of the place where the decedent had its domicile upon its death, or where the principal part of its estate is located. Transferred jurisdiction refers to the jurisdiction system whereby a people's court which discovers that a case it has admitted does not fall under its own jurisdiction should transfer it to the jurisdiction of the people's court of competent jurisdiction. Designated jurisdiction refers to the legal system in which a case is designated by a higher court to the jurisdiction of a lower court for certain reasons.
Robert Zhang 
Steve Li 