The jurisdiction of the case shall determine the responsibilities and powers of the case between the Courts. In order to help you understand the relevant regulations of civil litigation jurisdiction, legally seek judicial relief and safeguard your legal rights and interests, this notice is made in accordance with the Civil Procedure Law of the People’s Republic of China, the Approval of the Supreme Peoples Court on the Establishment of the Peoples Court of Shenzhen Qianhai Cooperation Zone and the Approval of the Supreme Peoples Court on Appointing Shenzhen Qianhai Cooperation Zone Peoples Court and Zhuhai Hengqin New Zone Peoples Court Jurisdiction over General Intellectual Property Rights Civil Cases. In order to bring litigation to a Court with jurisdiction more accurately, please read the following content carefully:
5.1. General Territorial Jurisdiction
Such jurisdiction generally follows the Principle of “Plaintiff Accommodated to the Defendant”, which facilitates the trial of the Court and the participation of the parties in litigation. A civil litigation filed by a citizen shall be governed by the Peoples Court of the defendants domicile. If the defendants domicile is inconsistent with the habitual residence, the litigation shall be governed by the Peoples Court of habitual residence. The domicile of a citizen refers to the registered permanent residence, while habitual residence refers to a place where a citizen has been resident for at least one year after leaving the domicile, except if the citizen is hospitalised. The domicile of a legal person or other organisation is the location of its principal place of business or the principal office. However, you should also note the following main circumstances of the authority of the jurisdiction of the People’s Court of the plaintiff:
5.1.1. Litigation concerning relationship status of persons not residing in the territory of the Peoples Republic of China;
5.1.2. Litigation concerning relationship status of persons unaccounted for or declared missing;
5.1.3. Litigation filed against persons taken into compulsory education;
5.1.4. Litigation filed by persons imprisoned.
5.2. Special Territorial Jurisdiction
In accordance with the legal facts of litigation matters or the location of dispute matters, the law also stipulates the following special territorial jurisdiction:
5.2.1.Contract dispute litigation shall be under the jurisdiction of the People’s Court of the defendants domicile or the People’s Court of the place where the contract is performed;
5.2.2. Insurance contract dispute litigation shall be governed by the People’s Court of the defendants domicile or the People’s Court of the place where the insured item is located;
5.2.3. Litigation brought by a bill dispute shall be governed by the People’s Court of the place where the bill is paid or the People’s Court of defendants domicile;
5.2.4. Litigation brought by a dispute arising from the establishment of the company, confirmation of the shareholders eligibility, profit distribution, dissolution and other related disputes shall be governed by the Peoples Court of the place where the company is located;
5.2.5. Litigation brought by a dispute arising over railways, highways, waterways, air transport and combined transportation contracts shall be governed by the Peoples Court of the place of origin, destination or the defendants domicile;
5.2.6. Litigation brought by tort shall be governed by the Peoples Court of the place where the tort happened or the People’s Court of the defendants domicile.
5.3. Exclusive Jurisdiction
The law expressly stipulates that the following special cases shall only be governed by a particular court:
5.3.1. Litigation brought by a real estate dispute shall be governed by the Peoples Court where the real estate is located;
5.3.2. Litigation brought by a dispute arising from port operations shall be governed by the Peoples Court of the place where the port is located;
5.3.3. Litigation brought by an inheritance dispute shall be governed by the Peoples Court of the place where the heirs died or the place where the main estate is located.
5.4. Contractual Jurisdiction
If you are a party related to a contract or other property rights dispute, you shall submit in writing the decision to select the jurisdiction of the People’s Court belonging to the defendants domicile, the place of performance of the contract, the place where the contract is signed, the plaintiffs domicile, the place where the item is located, or any other places related to the dispute without violating the legal provisions on the level of jurisdiction and exclusive jurisdiction.
5.5. Jurisdiction of Foreign Civil Procedure
Contract dispute litigation or litigation arising from other property rights disputes against a defendant who has no domicile in the territory of the Peoples Republic of China shall be governed by the People’s Court where the contract is signed or performed, the litigation item or detainable property is located, the location of the tort, or where the representative body is located if the contract is signed or fulfiled within the territory of the Peoples Republic of China, the litigation item is located within the territory of the Peoples Republic of China, the defendant has property detainable in the territory of the Peoples Republic of China, or the defendant has a representative body in the territory of the Peoples Republic of China.
5.6. Jurisdiction of Shenzhen Qianhai Cooperation Zone Peoples Court
5.6.1. Civil and commercial cases at first instance within the Shenzhen Qianhai Cooperation Zone: the litigation matter is less than, but not equal to, 50 million Chinese Yuan, or each partys domicile is located in Guangdong Province and the litigation matter is less than, but not equal to, 100 million Chinese Yuan.
5.6.2. Foreign, Hong Kong, Macao and Taiwan commercial cases at first instance (including foreign, Hong Kong, Macao and Taiwan private lending cases) within Shenzhen: the litigation matter is less than, but not equal to, 50 million Chinese Yuan.
5.6.3. Intellectual property civil cases at first instance within Shenzhen Qianhai or Shekou Free Trade Zone: in addition to patents, new plant varieties, integrated circuit layout design, technical secrets, computer software copyright, disputes related to well-known trademarks, and monopoly disputes, the litigation matter is less than, but not equal to, 5 million Chinese Yuan, or each partys domicile is located in Guangdong Province and the litigation matter is less than, but not equal to, 10 million Chinese Yuan.
