In the event of a jurisdictional error, please explain whether the proceedings are valid

1. Jurisdiction is divided into: personal jurisdiction, territorial jurisdiction, agreement jurisdiction and other categories.

2. If both courts have jurisdiction, the court that filed the case first shall be the trial court, and if the court that files the case first deems it necessary to transfer the jurisdiction of another court, it may rule to transfer the jurisdiction of another court, and the court accepting the case shall not transfer the case to the jurisdiction of another court.

3. If the jurisdiction of the court of first instance is wrong, if the parties raise an objection to jurisdiction at the end of the trial, it will have an impact on the outcome of the trial. It can be appealed. Then the higher court will designate jurisdiction, or it can hear it on its own.

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If the defendant raises an objection to jurisdiction during the defense period, the court will examine whether it has jurisdiction, and if not, it will be transferred, and if not, it will be dismissed, and the ruling can be appealed; If the defendant does not raise an objection to jurisdiction and the court finds that it has no jurisdiction, it may also transfer the case ex officio to the court that it considers to have jurisdiction;

If the case has already been concluded, it is a reason for a retrial, and you can look at the newly revised Civil Procedure Law, the subject matter of initiating the trial supervision procedure, there should be this reason: the jurisdiction is wrong, and a retrial can be applied.

If a court accepts a case that should not be heard by that court, it shall transfer the case to the court with the jurisdiction to hear the case, and the lawsuit cannot be dismissed directly.

Article 36 of the Civil Procedure Law stipulates: "Where a people's court discovers that a case accepted by it does not fall within the jurisdiction of that court, it shall transfer it to the people's court with jurisdiction, and the people's court to which it is transferred shall accept it." Where the people's court receiving the transfer finds that the transferred case does not fall within the jurisdiction of that court in accordance with provisions, it shall report to the people's court at the level above to designate jurisdiction, and must not transfer it on its own.

2. The difference between the two definitions.

The difference between dismissal of a claim and dismissal of a claim:

Although the dismissal of the lawsuit and the rejection of the claim are both claims of the requesting party that have not been supported by the court, there is an essential difference between the two in the practice and application of Douzai.

1. The applicable law is different. Dismissal of the lawsuit is governed by procedural law; The rejection of a claim can be governed by both procedural and substantive law.

2. The applicable litigation subjects are different. The subject of the lawsuit to which the dismissal of the lawsuit applies is single, and the lawsuit against the plaintiff is mainly applicable; However, the subject of rejection of litigation claims is diverse, and it can be against the plaintiff's litigation claim, the defendant's counterclaim, and the litigation claim of a third party with independent claims.

3. The form of adjudication adopted is different. The dismissal of the lawsuit is a confirmation of the right to appeal of procedural significance, and shall be in the form of a ruling; The rejection of the claim is a confirmation of the right of action in the substantive sense, and a written judgment must be adopted.

4. The application stage is different. The dismissal of a lawsuit is usually applied at the beginning of the litigation process after the case has been filed in the people's court; The rejection of a litigation claim is applied when the people's court has completed the trial in accordance with the litigation procedures provided for in the Procedural Law.

5. The content and purpose of application are different. The dismissal of the lawsuit means that after the people's court files the case, after examination and investigation, the plaintiff's lawsuit does not comply with the provisions of the law, and the court rejects the plaintiff's right to sue in accordance with the law; The rejection of a litigation claim refers to the rejection of a litigation claim or claim by a people's court after filing and hearing the case, where it finds that the evidence of the litigation claim or claim of the subject of the litigation is insufficient or that the statute of limitations has exceeded and there is no reason for suspension, interruption, or extension, as well as other litigation claims or claims that are not protected in accordance with law.

6. The legal consequences are different. Where the plaintiff files a lawsuit again after the ruling rejecting the lawsuit takes legal effect, the people's court shall accept it if the requirements for filing a lawsuit are met; After the judgment rejecting the litigation claim takes effect, the subject of the litigation cannot re-file a lawsuit with the people's court on the same litigation claim and facts, and if the parties still insist on filing a lawsuit in the people's court, the people's court shall rule not to accept it in accordance with law.

Legal analysis: If the procuratorate discovers new facts of a crime during the review and prosecution phase, it may directly prosecute or return it to the public security organ for supplementary investigation if the facts are clear and the evidence is sufficient, which is within the jurisdiction of the procuratorate for self-investigation.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 19: The High Court has jurisdiction.

The High People's Court has jurisdiction over first-instance civil cases that have a major impact in their jurisdiction.

Article 20: The Supreme People's Court has jurisdiction over the following first-instance civil cases:

1) Cases that have a major impact on the whole country;

2) Cases that are found to be heard by that court.

Article 21: The people's court for the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens;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.

Case filing jurisdiction, also known as functional jurisdiction or departmental jurisdiction, refers to the scope of authority of the people's courts, people's procuratorates, and public security organs to directly accept criminal cases, that is, the division of authority between the people's courts, people's procuratorates, and public security organs in the scope of direct acceptance of criminal cases. According to article 22 of the "Administrative Litigation Law of the People's Republic of China", where a people's court discovers that a case it accepts does not fall within the jurisdiction of that court, it shall transfer it to the people's court with jurisdiction, and the people's court to which it is transferred shall accept it. Where the people's court receiving the transfer finds that the transferred case does not fall within the jurisdiction of that court in accordance with provisions, it shall report to the people's court at the level above to designate jurisdiction, and must not transfer it again.

1. How to correctly determine the jurisdiction of an enforcement case?

"Performance of jurisdiction" refers to distinguishing the scale of the people's courts' authority to accept cases of early performance in order to determine the authority and division of labor of the people's courts at all levels for specific cases.

Correctly determining the jurisdiction of the performance case can ensure that the effective legal instruments are fulfilled in a timely manner. The legal instruments on which the performance is based are different, and the jurisdiction of the performance case is also different

1. Civil judgments and judgments made by the people's courts with the content of industrial performance, regardless of whether they are the first instance, the second instance or the retrial, shall be performed by the people's court of first instance. Unless otherwise provided by law.

2. The payment order for the effect of the decree shall be performed by the people's court that made the payment order.

3. The Intermediate People's Court that made the judgment and performance order shall be responsible for the performance of the confession and performance order made by the people's court and the judgment or judgment of a foreign court or the judgment of a foreign arbitration organization.

4. The judgment and mediation document produced by the arbitration institution and the debt document produced by the notary public shall be performed by the people's court at the place where the person subject to enforcement is domiciled or where the property of the person subject to enforcement is located.

2. What is the time limit for applying for enforcement?

According to Article 239 of the Civil Procedure Law of the People's Republic of China, the period for applying for enforcement is two years. Lu Xun applies for the suspension or interruption of the statute of limitations, and applies the provisions on the suspension and interruption of the statute of limitations.

The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.

According to Article 22 of the Rules of Criminal Procedure of the People's Procuratorate, the People's Procuratorate at a higher level may designate jurisdiction over the following cases: (1) jurisdiction over disputed cases; (2) Cases in which it is necessary to change jurisdiction; (3) Specific types of cases that require centralized jurisdiction; (4) Other cases that require designated jurisdiction.

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