Which civil cases can be agreed on the jurisdiction of the court
1. Contract disputes, as well as civil cases involving property disputes arising from cohabitation or the dissolution of marriage or adoption, can be agreed upon jurisdiction.
2. Article 34 of the "Civil Procedure Law" The parties to a contract or other property rights dispute may choose in writing the place of residence of the defendant, the place where the contract is performed, the place where the contract is signed, the place of residence of the plaintiff, and the location of the subject matter. The People's Court in the place where the dispute is actually related to the dispute shall have jurisdiction, but the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction shall not be violated.
3. Article 34 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" stipulates: Property incurred by the parties due to cohabitation or after the dissolution of marriage or adoption If the dispute has agreed on jurisdiction, Article 34 of the Civil Procedure Law may be applied to determine the jurisdiction. Courts with jurisdiction over civil cases
(1) Civil cases under the jurisdiction of basic people’s courts:
According to Article 17 of the Civil Procedure Law: “The basic people’s courts have jurisdiction over first-instance civil cases. Except as otherwise provided in this Law." This shows that first-instance civil cases are generally under the jurisdiction of the grassroots courts, except when otherwise provided in this Law. In addition, the "Reply of the Supreme People's Court on Several Issues Concerning Case Level Jurisdiction" determines the principle of constant jurisdiction [2]. The specific contents are as follows:
1. When both parties or one party fails to perform their contractual obligations and a dispute arises and a lawsuit is filed, if the party explicitly requires full performance of the contract in the litigation request, the total contract amount plus other requested amounts shall be the subject amount of the lawsuit, and the amount shall be based on Determine the level of jurisdiction; if a party requests to terminate the contract in a lawsuit, the amount of the subject matter of the lawsuit should be determined based on the specific amount of the lawsuit, and the level of jurisdiction should be determined accordingly.
2. If a party adds claims during a lawsuit and thereby increases the amount of the subject matter of the litigation, causing the amount of the subject matter of the litigation to exceed the level of jurisdiction of the court being sued, it will generally not be changed. However, this is excepted if the parties intentionally circumvent the relevant level jurisdiction and other provisions!
If a case that should be under the jurisdiction of a higher-level people's court according to the jurisdiction level regulations is transferred to a lower-level people's court for trial, the lower-level people's court shall not transfer it to the lower-level people's court for trial.
(2) Civil cases under the jurisdiction of the Intermediate People’s Court:
According to Article 18 of the Civil Procedure Law, the civil cases under the jurisdiction of the Intermediate People’s Court include: 1. Major foreign-related cases ; 2. Cases with significant impact in the jurisdiction; 3. Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court. Among them, according to the opinions of the Supreme People's Court on several issues regarding the application of the "Civil Procedure Law of the People's Republic of China", major foreign-related cases here refer to cases where the amount of the dispute is large, or the case is complex, or there are a large number of parties living abroad. Foreign-related cases. What civil cases of first instance can the Supreme People's Court have jurisdiction over?
“Major” refers to foreign-related cases in which the subject matter of the dispute is large, or the case is complex, or there are a large number of parties living abroad. "Foreign-related" refers to: civil cases with foreign-related reasons. Specifically, civil cases in which one or both parties are foreigners, stateless persons, foreign enterprises or organizations, or the legal facts of the establishment, change, or termination of the civil legal relationship between the parties occur in a foreign country, or the subject matter of the litigation is in a foreign country. , a foreign-related civil case. It suffices that one of the three parties, legal facts and subject matter of litigation involves foreign affairs. Supplement 2: At present, the cases determined by the Supreme Court to be under the jurisdiction of the Intermediate Court are mainly maritime and maritime cases (exclusive maritime court, at the level of the Intermediate People's Court), patent dispute cases, civil disputes over copyright and trademark rights, and disputes involving domain names. , major cases involving Hong Kong, Macao and Taiwan; cases of civil compensation for false statements in securities are under the jurisdiction of the intermediate people's courts of cities, cities under separate state planning and special economic zones where the people's courts of provinces, municipalities directly under the Central Government and autonomous regions*** are located; cases where there is objection to the validity of the arbitration agreement.
Not all foreign-related cases are under the jurisdiction of the Intermediate People's Court, and non-"major foreign-related cases" can also be under the jurisdiction of grassroots courts; Not all Intermediate People's Courts can have jurisdiction over patent dispute cases; Not all copyright and trademark disputes are under the jurisdiction of the Intermediate People's Court The court has jurisdiction, and some grassroots courts also have jurisdiction. I feel that after this addition, the answer will be more comprehensive, and I hope it will be helpful to you. Which economic development zone courts can have jurisdiction over foreign-related civil cases
Civil Procedure Law
Article 18 The Intermediate People’s Court has jurisdiction over the following first-instance civil cases:
(1) Major foreign-related cases;
(2) Cases with significant impact in the jurisdiction;
(3) Cases determined by the Supreme People’s Court to be under the jurisdiction of the Intermediate People’s Court.
Article 262: When hearing foreign-related civil cases, the people's courts shall use the languages ??and scripts commonly used in the People's Republic of China. If the parties require an interpreter, it can be provided and the cost shall be borne by the parties.
Article 270 The period during which the People's Court hears foreign-related civil cases is not subject to the restrictions set forth in Articles 149 and 176 of this Law.
Article 271: For disputes arising in foreign-related economic and trade, transportation and maritime affairs, if the parties have an arbitration clause in the contract or have subsequently reached a written arbitration agreement, they shall be submitted to the People's Republic of China and the State Council for Foreign-related Disputes. If the case is arbitrated by an arbitration institution or other arbitration institution, the parties shall not bring a lawsuit to the People's Court.
If the parties do not have an arbitration clause in the contract or do not reach a written arbitration agreement afterwards, they may file a lawsuit in the People's Court. If the plaintiff loses the case in a civil case, can he still change the court for objections to jurisdiction?
According to Article 127 of my country’s Civil Procedure Law, after the people’s court accepts the case, if the parties have objections to jurisdiction , should be raised during the submission of the defense. The people's court shall review the objections raised by the parties. If the objection is established, the case shall be ruled to be transferred to the people's court with jurisdiction; if the objection is not established, the case shall be dismissed.
If the party concerned does not raise any jurisdictional objection and responds to the lawsuit, the People's Court subject to the lawsuit shall be deemed to have jurisdiction, except for violations of the provisions of hierarchical jurisdiction and exclusive jurisdiction.
Therefore, judging from the above provisions, if you have already responded to the lawsuit and defended, in principle, you can no longer raise jurisdictional objections, unless the objection is raised due to hierarchical jurisdiction and exclusive jurisdiction, which are exceptions.
Illegal medical practice does not fall under the jurisdiction of the court’s civil cases, right?
If the illegal practice of medicine constitutes a crime, criminal proceedings shall be followed. If it does not constitute a crime but constitutes a civil infringement, civil proceedings shall be followed. Level Jurisdiction in Civil Cases
Legal Basis "Civil Procedure Law of the People's Republic of China"
Section 1 Level Jurisdiction
Article 17 Grassroots Level The People's Court has jurisdiction over first-instance civil cases, except as otherwise provided for in this Law.
Article 18
The Intermediate People’s Court has jurisdiction over the following first-instance civil cases:
(1) Major foreign-related cases;
(2) Cases with significant impact in the jurisdiction;
(3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.
Article 19
The Higher People’s Court shall have jurisdiction over first-instance civil cases that have significant impact within its jurisdiction.
Article 20: The Supreme People's Court has jurisdiction over the following first-instance civil cases:
(1) Cases with significant national influence;
(2) It is believed that cases should be heard by this court. Can jurisdiction be agreed upon in inheritance cases?
Jurisdiction cannot be agreed upon in inheritance cases because inheritance cases are cases under exclusive jurisdiction.
"Civil Procedure Law":
Article 33 The following cases shall be under the exclusive jurisdiction of the people's courts specified in this article:
(3) Due to inheritance Litigation arising from disputes shall be under the jurisdiction of the People's Court of the place where the deceased was domiciled at the time of death or where the main inheritance is located.
Article 34 The parties to a contract or other property rights dispute may agree in writing to choose the defendant’s domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff’s domicile, the location of the subject matter, etc. that are actually related to the dispute. The people's court in the place shall have jurisdiction, but shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction. Do civil cases fall under the jurisdiction of the public security?
Does not belong.
The public security organs only deal with cases that violate the Public Security Administration Punishment Law and the Criminal Law.
The public security organs can mediate civil disputes, but the mediation results are not mandatory.