The issue of litigation jurisdiction and how to determine litigation jurisdiction

The landing place is, of course, for the aircraft. For example, if you take a plane from Guangzhou to Beijing and encounter a traffic accident on the plane (do not interpret the traffic accident as a car collision in a narrow sense), and the plane lands in Beijing, then Beijing is the first place to land. If the plane makes a forced landing in Jinan, then repairs it and then takes off to Beijing.

The first place to land was Jinan.

It is the jurisdiction of the district court that makes the first landing on the voyage in which the accident occurred.

I. General Principles: In accordance with the provisions of our country, civil litigation initiated by citizens is under the jurisdiction of the people's court at the place of domicile. Basic level people's courts have jurisdiction over civil matters. Divorce cases are ordinary civil cases, and the plaintiff must file a lawsuit in the basic people's court at the place where the defendant is domiciled, that is, where the citizen's household registration is located.

If a citizen has resided in a foreign country for more than one year continuously (except for hospitalization and medical treatment in a foreign country) from the time of leaving his place of residence to initiating a lawsuit, or has resided in a certain place for more than one year, and that place is his habitual residence, if he or she files a divorce lawsuit against him, he must file a divorce lawsuit with the basic people's court of the citizen's habitual residence. If a citizen has resided in a foreign country for more than one year continuously (except for hospitalization and medical treatment in a foreign country) from the time of leaving his place of residence to the time of filing a lawsuit, but does not have a habitual place of residence, that is, he has not resided in any place for more than one year, if he or she files a divorce lawsuit against him, he or she must file a divorce lawsuit with the basic people's court of the place where he resides.

II. Under special circumstances, if a citizen has moved out of his household registration but has not yet settled down, and a divorce lawsuit is filed against him, if the citizen has a habitual residence, it shall be filed with the basic level people's court for his habitual residence. If there is no habitual residence of Yinshen and the household registration has been moved out for less than 1 year, it should be filed with the basic people's court at the place of the original household registration; Where the household registration has been moved out for more than one year, it shall be filed with the people's court at the place of residence. Where a citizen has had his or her urban household registration cancelled and a divorce lawsuit is filed against him, he or she shall file a lawsuit with the basic level people's court at the place where the plaintiff is domiciled.

Where the plaintiff's domicile and habitual residence are not the same, it should be filed with the basic level people's court where the plaintiff habitually resides. Where the plaintiff has also had his urban household registration cancelled, it shall be filed with the basic level people's court for the defendant's place of residence. If a citizen is re-educated through labor or imprisoned, a divorce lawsuit filed against him shall be filed with the basic people's court at the place where the plaintiff is domiciled.

Where the plaintiff's domicile and habitual residence are inconsistent, it should be filed with the basic level people's court for the plaintiff's habitual residence. Where the plaintiff is also re-educated through labor or imprisoned, and the defendant is re-educated through labor or imprisoned for more than 1 year, it shall be filed with the basic level people's court for the defendant's original domicile; Where the defendant has been re-educated through labor or imprisoned for 1 year or more, it shall be filed with the basic level people's court for the place where the defendant is undergoing re-education through labor or imprisonment. Where a citizen's whereabouts are unknown or he or she is declared missing, and a divorce lawsuit is filed against him, he or she shall file a lawsuit with the basic level people's court for the place where the plaintiff is domiciled.

Where the plaintiff's domicile and habitual residence are inconsistent, it should be filed with the basic level people's court for the plaintiff's habitual residence. If a citizen is a soldier, the non-military party shall file a divorce lawsuit against him, or the military party shall file a divorce lawsuit, and if the military member is a non-civilian soldier, the lawsuit shall be filed with the basic level people's court at the place where the plaintiff is domiciled; If the serviceman is a civilian soldier, it is generally filed with the basic level people's court at the place where the civilian serviceman is domiciled. If a military party files a divorce lawsuit against a non-military party, it shall be filed with the basic people's court at the place where the non-military party is domiciled, and if the non-military party is domiciled and habitually resided, it shall be filed with the basic level people's court at the place where the non-military party is habitually resided; if both husband and wife are military personnel, the divorce lawsuit shall be filed with the basic people's court at the place where the defendant is domiciled or where the defendant is stationed at or above the regimental level.

Legal Analysis: The basic people's courts have jurisdiction over first-instance civil cases. The Intermediate People's Court shall have jurisdiction over the resumption of foreign-related cases, cases that have a major impact in the jurisdiction, and cases that the Supreme People's Court determines to be under the jurisdiction of the Intermediate People's Court.

The High People's Court has jurisdiction over first-instance civil cases that have a major impact in their jurisdiction. The Supreme People's Court has jurisdiction over cases that have a major impact on the whole country and that it is found that this court should hear them.

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 in this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases: (1) major cases involving foreign interests; (2) Cases that have a major impact in the jurisdictional region; (3) Cases that the Supreme People's Court has determined to have jurisdiction over the Intermediate People's Court.

Article 19: 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.