第二章 管辖
Chapter Ⅱ Jurisdiction

第一节 级别管辖
Section 1 Jurisdiction by Forum Level

第十七条 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 17 The primary people's courts shall have jurisdiction as courts of first instance over civil cases, unless otherwise provided in this Law.

第十八条 中级人民法院管辖下列第一审民事案件：

（一）重大涉外案件；

（二）在本辖区有重大影响的案件；

（三）最高人民法院确定由中级人民法院管辖的案件。

Article 18 The intermediate people's courts shall have jurisdiction as courts of first instance over the following civil cases：

（1）major cases involving foreign element；

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

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

第十九条 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 19 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.

第二十条 最高人民法院管辖下列第一审民事案件：

（一）在全国有重大影响的案件；

（二）认为应当由本院审理的案件。

Article 20 The Supreme People's Court shall have jurisdiction as the court of first instance over the following civil cases：

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

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

第二节 地域管辖
Section 2 Territorial Jurisdiction

第二十一条 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。

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。

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。

Article 21 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; if the place of the defendant'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 his habitual residence.

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.

Where the domiciles or habitual residences of several defendants 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.

第二十二条 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：

（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；

（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；

（三）对被采取强制性教育措施的人提起的诉讼；

（四）对被监禁的人提起的诉讼。

Article 22 The civil lawsuits 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：

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

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

（3）those brought against persons who are undergoing mandatory education measures; and

（4）those brought against persons who are in imprisonment.

第二十三条 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 23 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.

第二十四条 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 24 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.

第二十五条 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 25 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.

第二十六条 因公司设立、确认股东资格、分配利润、解散等纠纷提起的诉讼，由公司住所地人民法院管辖。

Article 26 A lawsuit brought on disputes caused by establishment of a company, confirmation of shareholders' qualification, profit distribution or dissolution of a company, etc. shall fall under the jurisdiction of the people's court in the place where the company is located.

第二十七条 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 27 A lawsuit brought on 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.

第二十八条 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 28 A lawsuit brought on a tort action 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.

第二十九条 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 29 A lawsuit brought on claims for damages caused by a railway, road, water or air transport 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.

第三十条 因船舶碰撞或者其他海事损害事故请求损害赔偿提起的诉讼，由碰撞发生地、碰撞船舶最先到达地、加害船舶被扣留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 collision between ships or by any other maritime accident shall be under the jurisdiction of the people's court of the place where the collision occurred or where the ship in collision first docked after the accident or where the ship having inflicted the injury was detained, or where the defendant has his domicile.

第三十一条 因海难救助费用提起的诉讼，由救助地或者被救助船舶最先到达地人民法院管辖。

Article 31 A lawsuit brought on claims for expenses of maritime salvage shall be under the jurisdiction of the people's court of the place where the salvage took place or where the salvaged ship first docked after the disaster.

第三十二条 因共同海损提起的诉讼，由船舶最先到达地、共同海损理算地或者航程终止地的人民法院管辖。

Article 32 A lawsuit brought on general average shall be under the jurisdiction of the people's court of the place where the ship first docked or where the adjustment of general average was conducted or where the voyage ended.

第三十三条 下列案件，由本条规定的人民法院专属管辖：

（一）因不动产纠纷提起的诉讼，由不动产所在地人民法院管辖；

（二）因港口作业中发生纠纷提起的诉讼，由港口所在地人民法院管辖；

（三）因继承遗产纠纷提起的诉讼，由被继承人死亡时住所地或者主要遗产所在地人民法院管辖。

Article 33 The following cases shall be under the exclusive jurisdiction of the people's courts herein specified：

（1）a lawsuit brought on a dispute over real estate shall be under the jurisdiction of the people's court of the place where the estate is located；

（2）a lawsuit brought on a dispute over harbour operations shall be under the jurisdiction of the people's court of the place where the harbour is located; and

（3）a lawsuit brought on a dispute over succession shall be under the jurisdiction of the people's court of the place where the decedent had his domicile upon his death, or where the principal part of his estate to be inherited is located.

第三十四条 合同或者其他财产权益纠纷的当事人可以书面协议选择被告住所地、合同履行地、合同签订地、原告住所地、标的物所在地等与争议有实际联系的地点的人民法院管辖，但不得违反本法对级别管辖和专属管辖的规定。

Article 34 A party to a contract or other property dispute may choose by written agreement to be under the jurisdiction of the people's court in the location of the defendant's domicile, in the place where the contract is performed or signed, in the location of the plaintiff's domicile, in the location of the subject matter or in other location which has an actual connection with the dispute, provided that the provisions on hierarchical jurisdiction and exclusive jurisdiction prescribed in this Law are not violated.

第三十五条 两个以上人民法院都有管辖权的诉讼，原告可以向其中一个人民法院起诉；原告向两个以上有管辖权的人民法院起诉的，由最先立案的人民法院管辖。

Article 35 When two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring his lawsuit in one of these people's courts; if the plaintiff brings the lawsuit in two or more people's courts that have jurisdiction over the lawsuit, the people's court in which the case was first accepted shall have jurisdiction.

第三节 移送管辖和指定管辖
Section 3 Transfer and Designation of Jurisdiction

第三十六条 人民法院发现受理的案件不属于本院管辖的，应当移送有管辖权的人民法院，受移送的人民法院应当受理。受移送的人民法院认为受移送的案件依照规定不属于本院管辖的，应当报请上级人民法院指定管辖，不得再自行移送。

Article 36 If a people's court finds that a case it has accepted is not under its jurisdiction, it shall refer the case to the people's court that has jurisdiction over the case. The people's court to which a case has been referred shall accept the case, and if it considers that, according to the relevant regulations, the case referred to it is not under its jurisdiction, it shall report to a superior people's court for the designation of jurisdiction and shall not independently refer the case again to another people's court.

第三十七条 有管辖权的人民法院由于特殊原因，不能行使管辖权的，由上级人民法院指定管辖。

人民法院之间因管辖权发生争议，由争议双方协商解决；协商解决不了的，报请它们的共同上级人民法院指定管辖。

Article 37 If a people's court which has jurisdiction over a case is unable to exercise the jurisdiction for special reasons, a superior people's court shall designate another court to exercise jurisdiction.

In the event of a jurisdictional dispute between two or more people's courts, it shall be resolved by the disputing parties through consultation; if the dispute cannot be so resolved, it shall be reported to their common superior people's court for the designation of jurisdiction.

第三十八条 上级人民法院有权审理下级人民法院管辖的第一审民事案件；确有必要将本院管辖的第一审民事案件交下级人民法院审理的，应当报请其上级人民法院批准。

下级人民法院对它所管辖的第一审民事案件，认为需要由上级人民法院审理的，可以报请上级人民法院审理。

Article 38 A people's court shall have the right to hear civil cases of first instance which fall under the jurisdiction of the people's courts at lower levels. Where a court finds it necessary to transfer the civil case of first instance under its jurisdiction to a court at the lower level for trial, it shall submit the matter to the court at the higher level for approval.

If a people's court that has jurisdiction over a civil case as court of first instance deems it necessary to have the case to be tried by a people's court at a higher level, it may submit it to and request the people's court at a higher level to try the case.