How to Determine the Jurisdiction Court of Internet Service Contract Dispute
Lawyer's analysis:
About the disputes arising from the contract litigation , according to relevant laws statute Such cases should be heard by the people's court in the defendant's region or the place where the contract is actually performed. In this case, both parties to the contract involved in the case have the right to notify the defendant's domicile Contract performance The place where the contract is signed, the place where the plaintiff's address is located, the legal person's property is located and other courts Jurisdiction Make an established plan, however, they need to comply with relevant laws and regulations, and ensure that the agreement does not violate the objection Hierarchical jurisdiction And exclusive jurisdiction. When it comes to selecting applicable have jurisdiction over In the case of the court, special attention should be paid to the following aspects: first, Agreed jurisdiction The will of the court must be clearly expressed in writing, which can be in the contract Agreement jurisdiction A clause may also be an agreement on the choice of jurisdiction reached before the litigation takes place. Secondly, the scope of the choice of the competent court is limited, that is, the choice can only be made between the people's court of the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff's address is located and the place where the subject matter is located. Finally, it is agreed that the acts of the competent court shall not violate the provisions of the People's Republic of China civil procedure law 》For relevant provisions on hierarchical jurisdiction and exclusive jurisdiction, for example, cases that should have been subject to the jurisdiction of the intermediate people's court are not allowed to be transferred to the basic people's court by agreement. Similarly, cases that should have been subject to the jurisdiction of the local court where the real estate is located are, It is also not allowed to transfer the real estate to other courts other than the place where the real estate is located by agreement.
Legal basis:
Article 23 of the Civil Procedure Law of the People's Republic of China
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.
Article 25 of the Civil Procedure Law of the People's Republic of China
The parties to a contract may, by agreement in a written contract, choose the people's court of the place where the defendant has his domicile, where the contract is performed, where the contract is signed, where the plaintiff has his domicile, and where the subject matter is located to exercise jurisdiction, provided that the provisions of this Law on jurisdiction by level and exclusive jurisdiction shall not be violated.
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