|
|
|
|
 |
| |
(1) General Principle
When dealing with the Chinese divorce cases with foreigners, we have to go after the article 22 of the Civil Procedure Law of the P.R.C.:” A civil lawsuit brought against a citizen shall be under the jurisdiction of the people’s court of the place where the defendant has his domicile.”
(2) Special Principle
① According to the article 23 of the Civil Procedure Law of the P.R.C., the civil lawsuits of those concerning personal status brought against persons not residing within the territory of the People’s Republic of China is 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.
② According to the article 13 of the Supreme Court’s Judicial Interpretation on the Civil Procedure Law of P.R.C, if both parties are Chinese living overseas who get married in China, they may file their divorce case in the People’s Court of the place where their Hukou used to located when their divorce requirement having been rejected by the foreign court.
③ According to the article 13 of the Supreme Court’s Judicial Interpretation on the Civil Procedure Law of P.R.C, if both parties are Chinese living overseas who get married overseas, they may not file their divorce case in the People’s Court in China. However, if their divorce requirement has been rejected by the foreign court, they may file their divorce case of the place where their Hukou used to located.
④ If one party lives in China while the opposite party lives overseas, the people’s court where the party living in China resides have the jurisdiction over their divorce cases, no matter which party sues to the court.
⑤ If both parties are Chinese living overseas while not residing permanently, they may file the case where their Hukou used to locate.
⑥ The cases concerning the people from Hong Kong, Macau and Taiwan shall be dealt in the same way as the cases concerning foreigners. |
|
|
|
|
|
|
