1 In relation to the Civil Procedures Law of China:
(a) explain the rules on territorial jurisdiction of the Chinese people’s court over a civil case against a natural
person and a legal person respectively; (4 marks)
(b) explain the term exclusive jurisdiction; and (3 marks)
(c) describe the types of civil cases which are under the coverage of the exclusive jurisdiction of the court.
(3 marks)
(10 marks) 1 This question requires candidates to explain the territorial jurisdiction of a Chinese court to deal with civil cases against a natural
person and a legal person, and explain the term exclusive jurisdiction as well cases subject to exclusive jurisdiction under the Civil
Procedures Law of China:
(a) (i) In accordance with Article 22 of the Civil Procedures Law, in case a civil lawsuit is brought against a natural person,
the court at the place where the defendant has his/her domicile shall have jurisdiction over the case. If the place of the
defendant’s domicile is different from that of his/her habitual residence, the jurisdiction shall be based on habitual
residence.
(ii) Where a lawsuit is brought against a legal person or any other organisations, such lawsuit shall be under the territorial
jurisdiction of the court of the place where the legal person or other organisation has its domicile.
(b) In accordance with Article 34 of the Civil Procedures Law, exclusive jurisdiction refers to such special territorial jurisdiction
under which the court of the place shall have exclusive jurisdiction over the cases, even if such jurisdiction contradicts the
jurisdiction based on the rules of the common territorial jurisdiction.
(c) In accordance with Article 34 of the Civil Procedures Law, the exclusive jurisdiction is provided as follows:
(i) A dispute over real estate shall be under the jurisdiction of the court at the place where the estate is located;
(ii) A dispute over harbour operations shall be under the jurisdiction of the court at the place where the harbour is located;
(iii) A dispute over succession shall be under the jurisdiction of the court where the decedent had his/her domicile upon
his/her death, or where the principal part of the estate is located. | 
发表于 2008-10-11 10:49
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