Civil procedural law and the Supreme Court opinions about the divorce cases under the jurisdiction of the provisions

Civil procedural law and the Supreme Court opinions about Divorce Jurisdiction in civil procedure law provisions

 

A,           The jurisdiction of the people's Court:
1Not living in, on the territory of the people's Republic of people brought about the divorce proceedings;
2On the reeducation through labor, people filed divorce proceedings;
3Persons in prison, filed divorce proceedings;
4The couple left the house, more than a year, the case of a party to sue for divorce, under the jurisdiction of the people's court by the habitual residence; the defendant has no habitual residence, under the jurisdiction of the people's court by the prosecution of residence. (the opinion twelfth)
5Non military, filed for divorce on the military, the military to non civilian soldiers, come under the jurisdiction of the people's court. (the opinion eleventh)


   
Two, the defendant has his domicile jurisdiction case:
1, both parties are imprisoned or reeducated through labor by the people's court to the defendant's original domicile jurisdiction; the defendants were imprisoned or reeducated through labor for more than a year, the defendant was imprisoned under the jurisdiction of the people's court or reeducation through labor;
2The divorce proceedings, the parties are soldiers, under the jurisdiction of the people's court by the defendant has his domicile or where the defendant or regiment level station.
3The couple left the house, more than a year, the case of a party to sue for divorce, under the jurisdiction of the people's court by the habitual residence; no habitual residence, under the jurisdiction of the people's court by the prosecution of residence.
4Chinese citizens, both in abroad but not settled, a direction of the people's court for a divorce, under the jurisdiction of the people's court shall be borne by the plaintiff or the defendant's original domicile.


Three, under the jurisdiction of the foreign-related marriage divorce:
1In domestic, overseas Chinese married and settled in a foreign country, such as to settle in the country court in divorce proceedings shall be determined by the marriage to the jurisdiction of the court is inadmissible, jurisdiction of marriage or a party in the last living in the people's court;
2Overseas Chinese abroad, got married and settled abroad, such as in court in divorce proceedings shall be settled by the state of nationality jurisdiction of the court is inadmissible, shall be under the jurisdiction of a party's original domicile or residence in China at the end of a people's court;
3A party, China citizens living abroad, divorce cases one living in the country, the National Party domiciled people's courts have jurisdiction. A country of residence abroad direction of the court, the direction of the people's court, the people's court has jurisdiction over v..
4Chinese citizens, both in abroad but not settled, a people's Court of divorce cases shall be under the jurisdiction of the people's court, the plaintiff or the defendant's original domicile.
5The intermediate people's court, ruling shall not be admitted to the foreign court judgment of divorce, the parties to the original domicile or marriage to the intermediate people's court in divorce proceedings.