Comparison of old and new judicial interpretations of the Civil Procedure Law

1992 Opinions on Civil Procedure (Year)

2015 Annual Civil Procedure Judicial Interpretation

Article 1
Article 19, Item (1) of the Civil Procedure Law defines major foreign-related cases as those involving a large amount in dispute, complex facts, or parties residingForeign-related cases involving a large number of parties from abroad.

Article 1
Article 18, Item 1 of the Civil Procedure Law stipulates that major foreign-related cases include cases with a large amount in dispute, cases with complex facts, orCases with significant impact, such as those involving a large number of parties on one side.(Deleted the foreign-related nature)

Article 2
Patent dispute cases are under the jurisdiction of the intermediate people's courts designated by the Supreme People's Court.

Maritime and admiralty cases are under the jurisdiction of the maritime courts.

Article 2
Patent dispute cases are underIntellectual property courtsThe intermediate people's courts designated by the Supreme People's Court andthe basic people's courts have jurisdiction.

Maritime and admiralty cases are under the jurisdiction of the maritime courts.

(Intellectual property courts and basic people's courts designated by the Supreme People's Court have been added.)

Article 3
The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the provisions of Article 19, Item (2) and Article 20 of the Civil Procedure Law, and based on local actual conditions, taking into account factors such as the complexity of the case, the amount of the subject matter in dispute, and the local impact, propose opinions on the level jurisdiction of first-instance cases within their respective jurisdictions, subject to the approval of the Supreme People's Court.

This provision from the 92 Opinion has been deleted.

Article 4
The domicile of a citizen refers to the place of his household registration; the domicile of a legal person refers to the place of its principal place of business.Principal place of businessOr the location of the principal office

Article 3
The domicile of a citizen refers to the place of his or her household registration; for a legal personOr other organizationThe domicile of a legal person refers toOr other organizationThe location of its principal office.

If the location of the principal office of a legal person or other organization cannot be determined, the place of registration or record of the legal person or other organization shall be deemed the domicile.

(Added "other organizations," removed jurisdiction over the principal place of business, and added the place of registration and record as the domicile.)

Article 5
The habitual residence of a citizen refers to the place where the citizen has continuously resided for one year or more after leaving his domicile and up to the time of filing the lawsuit, except for the place where the citizen is hospitalized for medical treatment.

Article 4
The habitual residence of a citizen refers to the place where the citizen has continuously resided for one year or more after leaving his domicile and up to the time of filing the lawsuit, except for the place where the citizen is hospitalized for medical treatment.

Article 5
For a lawsuit filed against a general partnership or a partnership-type joint venture without an office, jurisdiction shall be vested in the people's court of the place where the defendant is registered. If there is no registration and the several defendants are not within the same jurisdiction, the people's courts of the defendants' domiciles shall all have jurisdiction.

Article 6
The defendant has been deregistered.Urban household registrationYes, jurisdiction shall be determined in accordance with Article 23 of the Civil Procedure Law; if both parties have been deregistered...Urban household registrationThe case shall be under the jurisdiction of the people's court at the defendant's place of residence.

Article 6
If the defendant's household registration has been cancelled, jurisdiction shall be determined in accordance with Article 22 of the Civil Procedure Law; if both the plaintiff's and the defendant's household registrations have been cancelled, the case shall be under the jurisdiction of the people's court at the defendant's place of residence.

[1] (Removed the restriction on urban household registration for both plaintiffs and defendants)

[2] Article 7
[3] If a party’s household registration has been moved out but not yet settled, and there is a habitual residence, the people’s court of that place shall have jurisdiction. If there is no habitual residence,[4] and the household registration has been moved out for less than one year,[5] the people’s court of the original household registration location shall have jurisdiction;[6] if it has been more than one year, the people’s court of the place of residence shall have jurisdiction.

[2] Article 7
If a party's household registration has been moved out but not yet settled, and there is a habitual residence, the case shall be under the jurisdiction of the people's court of that place; if there is no habitual residence, it shall be under the jurisdiction of the people's court of the original household registration location.

(The jurisdictional restriction for household registration not settled within one year after moving out has been deleted.)

Article 8
If both parties are imprisoned orsubject to re-education through labor,the case shall be under the jurisdiction of the people's court of the defendant's original domicile. If the defendant has been imprisoned or subject to re-education through labor for more than one year, the case shall be under the jurisdiction of the people's court of the place of imprisonment or re-education through labor.

Article 8
If both parties are imprisoned orSubject to compulsory educational measures, the case shall be under the jurisdiction of the people's court at the defendant's original domicile. If the defendant has been imprisoned or subject to compulsory educational measures for more than one year, the case shall be under the jurisdiction of the people's court at the place of imprisonment or compulsory educational measures.

(This article remains unchanged, except that "re-education through labor" has been changed to "subject to compulsory educational measures" in accordance with changes in other laws.)

Article 9
In cases concerning claims for alimony, if the domiciles of several defendants are not within the same jurisdiction, the case may be under the jurisdiction of the people's court at the plaintiff's domicile.

Article 9
Claims for alimony,Child support and alimonyIf the defendants in a case do not reside within the same jurisdiction, the case may be under the jurisdiction of the People's Court at the plaintiff's domicile.

(Added case types for claims of child support and alimony)

Article 10
Cases involving disputes over designated guardianship or changes in guardianship relations shall be under the jurisdiction of the People's Court at the domicile of the ward.

Article 10
Cases involving disputes over designated guardianship or changes in guardianship relations may be under the jurisdiction of the People's Court at the domicile of the ward. (This article remains unchanged)

Article 11
If a non-military personnel files a divorce lawsuit against a military personnel, and the military party is not a civilian military personnel, the case shall be under the jurisdiction of the People's Court at the plaintiff's domicile.

Article 11
Civil cases where both parties are military personnel or military units shall be under the jurisdiction of a military court.

(Original text abolished, new article added)

Article 12
If one spouse has left the domicile for more than one year and the other spouse files a divorce lawsuit, the case shall be under the jurisdiction of the People's Court at the plaintiff's domicile.

If both spouses have left their domicile for more than one year and one spouse files a divorce lawsuit, the case shall be under the jurisdiction of the People's Court at the defendant's habitual residence; if there is no habitual residence, it shall be under the jurisdiction of the People's Court at the plaintiff's place of residence at the time of filing the lawsuit.

Article 12
[1] In a case where one spouse has left the place of domicile for over one year and the other spouse files for divorce,可以[2] the case shall be under the jurisdiction of the People's Court at the plaintiff's place of domicile.[3] (Note the word "may")

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