第二章 管 辖

Chapter II Jurisdiction¹

 

第一节 级别管辖

Section 1 Jurisdiction by Forum² Level

 

第十八条 基层人民法院管辖第一审民事案件，但本法另有规定的除外。

"Article 18 The basic people's courts shall have jurisdiction as courts of first instance over civil cases, unless otherwise provided in this Law."

 

第十九条 中级人民法院管辖下列第一审民事案件：

Article 19 The intermediate people's courts shall have jurisdiction as courts of first instance over the following civil cases: 

 

（一）重大涉外案件；

(1) major cases involving foreign element; 

 

（二）在本辖区有重大影响的案件；

(2) cases that have major impact on the area under their jurisdiction; and 

 

（三）最高人民法院确定由中级人民法院管辖的案件。

(3) cases as determined³ by the Supreme⁴ People's Court to be under the jurisdiction of the intermediate people's courts.

 

第二十条 高级人民法院管辖在本辖区有重大影响的第一审民事案件。

Article 20 The high people's courts shall have jurisdiction as courts of first instance over civil cases that have major impact on the areas under their jurisdiction.

 

第二十一条 最高人民法院管辖下列第一审民事案件：

Article 21 The Supreme People's Court shall have jurisdiction as the court of first instance over the following civil cases: 

 

（一）在全国有重大影响的案件；

(1) cases that have major impact on the whole country; 

 

（二）认为应当由本院审理的案件。

and (2) cases that the Supreme People's Court deems it should try.

 

第二节 地域管辖

Section 2 Territorial⁵ Jurisdiction

 

第二十二条 对公民提起的民事诉讼，由被告住所地人民法院管辖；被告住所地与经常居住地不一致的，由经常居住地人民法院管辖。

"Article 22 A civil lawsuit⁶ brought against a citizen shall be under the jurisdiction of the people's court of the place where the defendant⁷ has his domicile; if the place of the defendant's domicile is different from that of his habitual⁸ residence, the lawsuit shall be under the jurisdiction of the people's court of the place of his habitual residence."

 

对法人或者其他组织提起的民事诉讼，由被告住所地人民法院管辖。

A civil lawsuit brought against a legal person or any other organization shall be under the jurisdiction of the people's court of the place where the defendant has his domicile.

 

同一诉讼的几个被告住所地、经常居住地在两个以上人民法院辖区的，各该人民法院都有管辖权。

"Where the domiciles or habitual residences of several defendants⁹ in the same lawsuit are in the areas under the jurisdiction of two or more people's courts, all of those people's courts shall have jurisdiction over the lawsuit."

 

第二十三条 下列民事诉讼，由原告住所地人民法院管辖；原告住所地与经常居住地不一致的，由原告经常居住地人民法院管辖：

"Article 23 The civil lawsuits¹⁰ described below shall be under the jurisdiction of the people's court of the place where the plaintiff has his domicile; if the place of the plaintiff's domicile is different from that of his habitual residence, the lawsuit shall be under the jurisdiction of the people's court of the place of the plaintiff's habitual residence: "

 

（一）对不在中华人民共和国领域内居住的人提起的有关身份关系的诉讼；

(1) those concerning personal status brought against persons not residing within the territory of the People's Republic of China; 

 

（二）对下落不明或者宣告失踪的人提起的有关身份关系的诉讼；

(2) those concerning the personal status of persons whose whereabouts are unknown or who have been declared as missing; 

 

（三）对被劳动教养的人提起的诉讼；

(3) those brought against persons who are undergoing rehabilitation¹¹ through labour; 

 

（四）对被监禁的人提起的诉讼。

and (4) those brought against persons who are in imprisonment¹².

 

第二十四条 因合同纠纷提起的诉讼，由被告住所地或者合同履行地人民法院管辖。

Article 24 A lawsuit brought on a contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the contract is performed.

 

第二十五条 合同的双方当事人可以在书面合同中协议选择被告住所地、合同履行地、合同签订地、原告住所地、标的物所在地人民法院管辖，但不得违反本法对级别管辖和专属管辖的规定。#p#分页标题#e#

"Article 25 The parties to a contract may agree to choose in their written contract the people's court of the place where the defendant has his domicile, where the contract is performed, where the contract is signed, where the plaintiff has his domicile or where the object of the action is located to exercise jurisdiction over the case, provided that the provisions of this Law regarding jurisdiction by forum level and exclusive jurisdiction are not violated."

 

第二十六条 因保险合同纠纷提起的诉讼，由被告住所地或者保险标的物所在地人民法院管辖。

Article 26 A lawsuit brought on an insurance contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the insured object is located.

 

第二十七条 因票据纠纷提起的诉讼，由票据支付地或者被告住所地人民法院管辖。

Article 27 A lawsuit brought on a bill dispute shall be under the jurisdiction of the people's court of the place where the bill is to be paid or where the defendant has his domicile.

 

第二十八条 因铁路、公路、水上、航空运输和联合运输合同纠纷提起的诉讼，由运输始发地、目的地或者被告住所地人民法院管辖。

"Article 28 A lawsuit arising from a dispute over a railway, road, water, or air transport contract or over a combined transport contract shall be under the jurisdiction of the people's court of the place of dispatch or the place of destination or where the defendant has his domicile."

 

第二十九条 因侵权行为提起的诉讼，由侵权行为地或者被告住所地人民法院管辖。

Article 29 A lawsuit brought on a tortious act shall be under the jurisdiction of the people's court of the place where the tort is committed or where the defendant has his domicile.

 

第三十条 因铁路、公路、水上和航空事故请求损害赔偿提起的诉讼，由事故发生地或者车辆、船舶最先到达地、航空器最先降落地或者被告住所地人民法院管辖。

"Article 30 A lawsuit brought on claims for damages caused by a railway, road, water transport or air accident shall be under the jurisdiction of the people's court of the place where the accident occurred or where the vehicle or ship first arrived after the accident or where the aircraft first landed after the accident, or where the defendant has his domicile."

点击收听单词发音