Whether the lawsuit is filed in the plaintiff s land or the defendant s land

In a lawsuit, a lawsuit is filed with the people's court where the defendant is domiciled, not the people's court where the plaintiff is domiciled, and the principle of "the plaintiff is the defendant".

If the defendant's domicile is inconsistent with the defendant's habitual residence, a lawsuit is to be filed in the people's court for the defendant's habitual residence.

Habitual residence here refers to a temporary residence of more than one year.

Legal link: Article 21 of the Civil Procedure Law Civil litigation against citizens shall be under the jurisdiction of the people's court at the place where the defendant is domiciled; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.

Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.

Article 22: The people's court for the plaintiff's domicile has jurisdiction over the following civil litigation; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction

1) Litigation concerning identity relationships brought against persons who do not reside within the territory of the People's Republic of China;

2) Litigation concerning the identity of a person whose whereabouts are unknown or who has been declared missing;

3) Litigation against persons subject to compulsory educational measures;

4) Proceedings against incarcerated persons.

Article 23: The people's court at the place where the defendant is domiciled or where the contract is performed has jurisdiction over litigation arising from contract disputes.

Article 24 The people's court at the place where the defendant is domiciled or where the subject matter of insurance is located shall have jurisdiction over a lawsuit arising from a dispute over an insurance contract.

Article 25 The people's court at the place where the bill is paid or where the defendant is domiciled shall have jurisdiction over the lawsuit arising from a dispute over negotiable instruments.

Article 26 The people's court at the place where the company is domiciled shall have jurisdiction over the litigation arising from disputes over the establishment of a company, confirmation of shareholder qualifications, distribution of profits, dissolution, and so on.

Article 28: The people's court for the place where the infringement occurred or where the defendant is domiciled has jurisdiction over litigation arising from infringement.

The specific situation depends on what the case is. The general principle is that the plaintiff is the defendant, that is, the plaintiff must go to the court where the defendant is located. However, in the case of the design of real estate, the lawsuit shall be filed in the court where the real estate is located.

Infringement cases can be sued at the place where the infringement occurred; Contract disputes can be sued at the place of contract performance, etc.

Legal analysis

It is not necessary to go to the place where the defendant is located to file a lawsuit, and there are many special circumstances, but unless otherwise provided by law, it is necessary to file a lawsuit in the court where the defendant is located. And sometimes depending on the complexity of the case, it is uncertain which court to prosecute. According to the relevanceLaws and Regulations

It is stipulated that the following civil lawsuits shall be under the jurisdiction of the people's court at the place where the plaintiff is domiciled; Litigation concerning status relationships against persons who do not reside in the territory of the People's Republic of China; Proceedings relating to the identity of persons whose whereabouts are unknown or who have been declared missing; Proceedings against persons subject to compulsory educational measures; Lawsuits brought against incarcerated persons. Where both parties are imprisoned or undergoing re-education through labor, the people's court for the defendant's original domicile has jurisdiction. Where the defendant is imprisoned or sentenced to re-education through labor for one year or more, the people's court for the place where the defendant is imprisoned or re-educated through labor has jurisdiction.

The people's court for the place where the defendant is registered has jurisdiction over a lawsuit brought against a citizen partnership or a partnership-type association that does not have an office.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 33: The people's courts provided for in this article have exclusive jurisdiction over the following cases: (1) Litigation arising from real estate disputes is under the jurisdiction of the people's court at the place where the immovable property is located; (2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located; (3) Litigation arising from inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent is domiciled at the time of his death or where the main estate is located.

Article 34: Parties to a contract or other property rights and interests dispute may agree in writing to choose the jurisdiction of the people's court for 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, and other places that have an actual connection with the dispute, but must not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.