民事诉讼法条英文版(7)

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Article 32 A lawsuit brought for a maritime salvage shall be under the jurisdiction of the people’s court located in the place where the salvage took place or where the salvaged vessel first docked after the disaster.

Article 33 A lawsuit brought for a general average shall be under the jurisdiction of the people’s court located in the place where the ship first docked after the general average adjustment took place or the adjustment thereof was conducted or where the voyage ended.

Article 34 The following cases shall be under the exclusive jurisdiction of the people’s courts herein specified:

(1)A lawsuit brought for real estate shall be under the jurisdiction of the people’s court located in the place where the real estate is located;

(2)A lawsuit concerning harbor operations shall be under the jurisdiction of the people’s court located in the place where the harbor is located; and

(3)A lawsuit concerning an inheritance shall be under the jurisdiction of the people’s court located in the place where the decedent had his domicile upon his death, or where the principal portion of his estate is located.

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, it shall be handled by the people’s court that accepts the case first.

Section 3 Jurisdiction by Transfer and Jurisdiction by Designation

Article 36 If a people’s court discovers that a case it has accepted is not under its jurisdiction, it shall transfer the case to the people’s court that does have jurisdiction over the case. The people’s court to which a case has been transferred shall accept the case, and if it considers that, according to relevant regulations, the transferred case is not under its jurisdiction, it shall report to a superior people’s court for the designation of jurisdiction and shall not transfer the case to another people’s court without authorization.

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

If there is a dispute over a jurisdiction among people’s courts, it shall be resolved by the disputing parties through consultation; if the dispute cannot be resolved through consultation, the disputing courts shall ask their superior people’s court to designate the jurisdiction.

Article 38 If a party rejects the jurisdiction of his case after the case was accepted by a people’s court, the party shall raise the rejection during the period for submitting briefs. The people’s court shall examine such objection. If the objection is tenable, the people’s court shall rule that the case be transferred to the people’s court that does have jurisdiction over the case; if the rejection is untenable, the people’s court shall overrule the objection.

Article 39 People’s courts at higher levels shall have the authority to try civil cases over which people’s courts at lower levels have jurisdiction as courts of first instance; they may also transfer civil cases over which they themselves have jurisdiction as courts of first instance to people’s courts at lower levels for adjudication.

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