The jurisdiction of the court in divorce cases

  Our country's civil procedure law and relevant judicial interpretations of the jurisdiction of divorce cases made a more detailed provisions, but in the actual operation process, a lot of people on the provisions of the understanding is not correct, proceedings leading up to the court has no jurisdiction, resulting in unnecessary waste of time, also increased the court and the parties focus consumption, the provisions of the law, the jurisdiction of divorce cases:

   A,The civil case to determine the general principles of the jurisdiction of the court
   "Civil Procedure Law" the twenty-second stipulation: "civil lawsuit brought against a citizen, under the jurisdiction of the people's Court of the place where the defendant has his domicile and habitual residence; inconsistent, under the jurisdiction of the people's court.
   A civil lawsuit brought against a legal person or any other organization, under the jurisdiction of the people's Court of the place where.
   Several defendants in the same civil suit domicile, habitual residence in two or more people's courts jurisdiction, the people's courts have jurisdiction."

    Interpretation:The law basic principle of jurisdiction in the court the plaintiff to the defendant, the principle is;
   The public's domicile is refers to the citizen's domicile; citizen's habitual residence domicile is the citizens to leave to the prosecution has more than one year of continuous residence place, but the citizen hospital medical treatment place except. A habitual residence in the defendant, is frequently court prior to the domicile of the jurisdiction of the court.

   Two, the law on the jurisdiction of the courts of special provisions of divorce cases:
   "The Supreme People's Court on the application of the civil procedure law '' opinions on several problems of" the twelfth stipulation "spouse to leave home for more than a year, the other party to sue for divorce cases, come under the jurisdiction of the people's court. The couple left the house for 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."

    Interpretation:This article is on the court the habitual residence of civil cases "jurisdiction" in preference to the domicile of the exception to the principle of the court.
   For example: a man's account in A in Hunan Province, Sichuan Province, Li Nv account in B, two registered marriage, couples have broken the piece of male, the female negotiation failed and Lee, plans to divorce to the court, the court has jurisdiction under different circumstances,
   1, Wakazhang O has been living in A, and Li married to leave B for more than a year, and Zhang Nan together in the A life, the jurisdiction of court is the court of B A, and the court has no jurisdiction over
   2, Wakazhang O has been living in A, and Li married leave B did not reach a year, with Zhang Nan in the A life, the jurisdiction of court is the court of A B, and the court has no jurisdiction over
   3, Wakazhang O and Li married, both go out to work, Zhang Nan went to C, Li Nv to D, if Li left B for more than a year, Zhang Nan left the A more than a year, and Li in D continuous residence has been more than a year, the case has jurisdiction over the court is the court of D, A, B, C courts have no jurisdiction
   4, Wakazhang O and Li married, both go out to work, Zhang Nan went to C, Li Nv to D, if Li leave B did not reach a year, the case has jurisdiction over the court's B court, while A, C, D courts have no jurisdiction
   5, Wakazhang O and Li married, both go out to work, Zhang Nan went to C, Li Nv to D, if Li left B for more than a year, Zhang Nan left the A more than a year, but Lee female in D continuous live not for up to a year, the case has jurisdiction over the court is the court of C, A, B, D courts have no jurisdiction

   The provisions of three, about the jurisdiction for some special cases of divorce cases in court:
   "Civil Procedure Law" twenty-third article: "the following civil litigation, under the jurisdiction of the people's court at the domicile of the plaintiff; domicile and habitual residence is not the same, the jurisdiction of the people's court:
.........
   (two) concerning the personal status of One's whereabouts is a mystery. or declared missing mentioned;
   (three) for those undergoing education through labor lawsuit;
   (four) against persons in prison litigation." "; high concerning the application of law of civil procedure law '' opinions on several problems of" eighth stipulation: "the parties are imprisoned or reeducated through labor, under the jurisdiction of the people's Court of the original domicile of the defendant. The defendants were imprisoned or reeducated through labor for more than a year, the defendant was imprisoned or reeducated through labor to the jurisdiction of a people's court."

    Interpretation:Special cases include:
   1, Party One's whereabouts is a mystery. or is declared missing
   Such as the Zhang Nan residence in the A, Li Nv's account in the B, the two sides of the marriage registration, marriage, a man living in A, Li a day suddenly disappeared, although the Zhang Nan struggle to find, but has not found the Li sign, a male but divorce appeal to the court, the case has jurisdiction the court is the court of B A, and the court has no jurisdiction

   2, one party or both parties were imprisoned or reeducated through labor situation
   (1), such as the Zhang Nan residence in the A, Li Nv's account in the B, the two sides of the marriage registration, marriage, Zhang Nan lived in A for violating the law, Li Nv has been sentenced to 3 years in prison and was imprisoned in a prison in C, now a man want to divorce proceedings, the jurisdiction the court is the court of A, B, C courts have no jurisdiction;
   (2), such as the Zhang Nan residence in the A, Li Nv's account in the B, the two sides of the registration of marriage, Zhang Nan, Li Nv and both jailed for violating the law, were sentenced to prison for 5 years, 4 years, Zhang Nan was imprisoned in a prison in C, Li was imprisoned in a jail in D, now a man wanted to divorce proceedings, if the female prison time Lee did not reach a year, this case to a court of competent jurisdiction is the B court, while A, C, D, the court did not have jurisdiction;
   (3), such as the Zhang Nan residence in the A, Li Nv's account in the B, the two sides of the registration of marriage, Zhang Nan, Li Nv and both jailed for violating the law, were sentenced to prison for 5 years, 4 years, Zhang Nan was imprisoned in a prison in C, Li was imprisoned in a jail in D, now a man wanted to divorce proceedings, if Li female prison time for a year or more, the case of a court of competent jurisdiction is the D court, while A, B, C, the court did not have jurisdiction;

   The jurisdiction of the court, about four military marriage divorce cases
   "The Supreme People's Court on the application of the civil procedure law '' opinions on several problems of" the eleventh stipulation: "non military on military divorce litigation, if the military is a non civilian one soldier, come under the jurisdiction of the people's court.
   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."

    Analytical:
   A divorce case involving the military, a lot of people think will by the force of the inner court, that is heard by a military court, this understanding is wrong, involving military divorce cases, whether a party or parties is a soldier, is heard by a local court, the military court has no right to handle. Specific circumstances, including:
   1, Zhang Nan and Li of husband and wife, Zhang Nan is a non military, Zhang Nan's residence in the A, Li Nv is a serviceman, and Li female non civilian soldiers, working in the B, if it is a man to divorce, is under the jurisdiction of the court is the court of A, while the B courts have no jurisdiction right.
   2, Zhang Nan and Li of husband and wife, Zhang Nan is a non military, Zhang Nan's residence in the A, Li Nv is a serviceman, and Li female civilian soldiers, working in the B, if it is a man to divorce, is under the jurisdiction of the court is the court of B, while the A court has no jurisdiction over.
   3, Zhang Nan and Li of husband and wife, Zhang Nan and Li are the serviceman, Zhang Nan worked in the A, Li Nv is working in B, if it is a man to divorce, is under the jurisdiction of the court is the court of B, while the A court has no jurisdiction over.

   Five, the foreign jurisdiction of the court
   "The Supreme People's Court on the application of the civil procedure law '' opinions on several problems of" the thirteenth stipulation: "in the Chinese domestic got married and settled abroad, such as in court in divorce proceedings shall be settled by marriage to the jurisdiction of the court is inadmissible, the parties to the people's court in divorce proceedings, the jurisdiction agreement or a party in the last of those people's court by marriage." Rule fourteenth:, "overseas Chinese abroad to get married and settled in a foreign country, such as the court in divorce proceedings shall be settled in the country by nationality jurisdiction is inadmissible, the parties to the people's court to start divorce proceedings, shall be under the jurisdiction of a party's original domicile or residence in China at the end of a people's court." Fifteenth, stipulates: "Chinese Civic Party living abroad, one living in the country, no matter which initiate divorce proceedings with a people's court, the people's court shall have a domicile of domestic jurisdiction. If the foreign party in the country of residence of the court, the people's court, the people's court has jurisdiction over the lawsuit." Sixteenth, stipulates: "citizens of the China 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."

   Analytical:
   In 2005, overseas Chinese Affairs Office of the State Council on the definition of the "settled" made a clear explanation: "China citizens have made local long-term or permanent residence, or is not achieved local long-term or permanent residency, but has made countries more than 5 years of legal residence, and the living abroad, are settled in foreign countries. The student studying abroad (including public school and at their own expense) during the study and was out of town on business abroad (including labor personnel) during the work, do not think that is settled." The jurisdiction of the court cases involving foreign elements, to determine the situation as follows:

   1, Zhang Nan and Li the female line China Ji, both husband and wife relationship, we both sides settled in foreign countries, both in the China A registration of marriage, in both the left Chinese to live abroad, the last residence of Zhang Nan B, the last residence of Li Nv C, the Zhang Nanruo to the court for divorce, then A, B, C three courts have jurisdiction over, Zhang Nan has the right to sue to the court in any three;
   2, Zhang Nan and Li the female line China Ji, both husband and wife relationship, the parties settled in foreign countries, both in the foreign marriage registration, in both the left Chinese to live abroad, Zhang Nan's original household registration in the A, Li Nv's original household registration in the B, the residence of Zhang Nan C, the last residence of Li Nv for D, the Zhang Nanruo to the court for divorce, then A, B, C, D four courts have jurisdiction over, Zhang Nan has the right to sue to the court in any four;
   3, Zhang Nan and Li the female line China Ji, both husband and wife relationship, the Li female living abroad, a man living in the home, Zhang Nan's residence in A, Li Nv's residence in the B, now a Nanruo to the court for divorce, then A to the court with jurisdiction, the court and the B no jurisdiction; if Li to domestic divorce court, is A to the court with jurisdiction, the court has no jurisdiction over B; if a man in the prosecution before the divorce has left A and C to live continuously for more than a year, the case of a court of competent jurisdiction is C the court, while the A and B of the case the court has no jurisdiction;
   4, Zhang Nan and Li the female line China Ji, both husband and wife relationship, the male and female are Zhang Li living abroad, Zhang Nan's residence in A, Li Nv's residence in the B, now a Nanruo to the court for divorce, then A and B courts have jurisdiction over, Zhang Nan have the right to choose any prosecution divorce court.