How To Stipulate Territorial Jurisdiction In Civil Litigation Involving Foreign Elements?

The ownership of real estate applies to the law of the place where the real estate is located.

The parties to a foreign-related contract may choose to apply the law to deal with disputes arising from the contract, unless otherwise provided by law.

If the parties to a foreign contract have no choice, they shall apply the laws of the countries that are most closely related to the contract.

Application of tort compensation

Local laws.

If the parties have the same nationality or have a residence in the same country, they may also apply the law of the parties to their country or the place of residence.

People's Republic of China law does not believe in

The act of occurrence is a tort and shall not be treated as a tort.

Marriage between People's Republic of China citizens and foreigners

Divorce applies the law of the court where the case is accepted.

The law of a country that is most closely related to dependants is maintained.

The legal inheritance of the estate, the movable property applies to the law of the place where the successor dies, and the real estate applies the law of the place where the real estate is located.

A lawsuit brought against a defendant who has no domicile in the People's Republic of China area for contractual disputes or other disputes over property rights shall be governed by the people's Court of the place where the contract is signed, where the contract is performed, the place where the object of the litigation is located, where the place for the seizure is located, where the litigant is located, where the infringement is committed, where the infringement is filed, or where the place where the representative office resides is filed, if the contract is signed or fulfilled in the territory of the People's Republic of China, or the property of the subject matter in the field of People's Republic of China, or the property that the defendant can have in custody in the territory of the People's Republic of China, or the representative office of the defendant in the field of People's Republic of China.

First parties concerned with foreign contracts or disputes over property rights and interests involving foreign interests may be chosen by the court in written agreement to decide where the dispute is actually connected.

Those who choose the jurisdiction of the people's Court of People's Republic of China must not violate the provisions of this Law concerning grade jurisdiction and exclusive jurisdiction.

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The third session of the twelfth session of the Shanghai Municipal People's Political Consultative Conference was formally convened.

Lv Hongbing not only attended the CPPCC member of Shanghai, deputy director of the social and Legal Committee of the CPPCC, but also submitted a proposal entitled "accelerating the training of talents in Shanghai's foreign-related legal services".

It is reported that the CPC Central Committee adopted the decision of the Central Committee of the Communist Party of China on comprehensively advancing the major issues of governing the country according to law (hereinafter referred to as the decision of the Fourth Plenary Session of the Central Committee of the CPC) in the fourth Plenary Session of the 18th CPC Central Committee. It pointed out in the section of the "complete legal service system": "developing lawyers, notarization to the legal services industry,...

"Developing foreign related legal services". In the section entitled "training mechanism for innovative talents in rule of law", we mentioned: "building a team of foreign-related legal professionals who are familiar with international legal rules and are good at dealing with foreign-related legal matters". In the "strengthening of foreign related legal work", we mentioned: "adapting to the deepening of opening up to the outside world, improving the laws and regulations concerning foreign affairs, and promoting the construction of a new open economy system.

We should actively participate in the formulation of international rules, promote the handling of foreign-related economic and social affairs according to law, enhance our voice and influence in international legal affairs, and use legal means to safeguard China's sovereignty, security and development interests.

We should strengthen foreign related legal services, safeguard the legitimate rights and interests of citizens and legal persons in China and overseas citizens and legal persons, and safeguard the rights and interests of overseas Chinese according to law.

Lv Hongbing told reporters that it can be said that the fourth plenary session decided to clearly define the important position of foreign-related legal services in the legal service system and foreign related legal work, and pointed out the way forward for the development of China's foreign-related legal services industry, and vigorously promoted the development of foreign-related legal services to the height of major decisions of the party and the state.

It can be said that no such an era has ever been so comprehensively promoted to rule the country according to law. No such an era has ever attached importance to the construction of foreign-related legal services.

Shanghai's foreign-related legal service team will be able to make great progress in the meantime.

The reporter has learned that after more than thirty years of development of the legal profession after the reform and opening up, Shanghai has formed nearly 16 thousand lawyers' professional teams, and has trained a large number of foreign-related legal service firms with large scale, specialization, standardization and internationalization. It has achieved a number of international vision, professional standards, integrity and diligent foreign-related legal talents, and has more concern and support from business departments, judicial administration and law schools, which has laid the foundation for the development of foreign-related legal services and created conditions.

To this end, Lv Hongbing suggested that the Shanghai Municipal People's government, its commerce commission and the judicial bureau should formulate plans for the development of Shanghai's foreign-related legal talent team, and incorporate Shanghai's foreign-related legal talents training into the Shanghai 13th Five-Year plan for forward-looking and unified consideration.

The Shanghai Municipal People's government, its commerce commission and the judicial bureau should formulate an annual plan for training foreign legal talents. Relying on the Shanghai Lawyers Association and the district judicial bureaus, we will select outstanding young lawyers who are involved in foreign affairs. After training in the territory, they will be sent to international financial institutions and front-line international law firms for practical training, so as to train practical talents in foreign legal services.

In addition, the Shanghai Municipal Commerce Commission and the judicial bureau should increase the funding for law firms engaged in foreign-related legal services.

It provides foreign legal services, has a long reserve period of talents, a large cost of capacity training, and a long incubation period and a great development risk. At the same time, the expenditure is large and the income period is long. Besides, business income is lagging behind.

Under such circumstances, financial support for these foreign-related law firms should be strengthened.

At present, Shanghai has promulgated the administrative measures for the key units of professional services trade (legal services) in Shanghai, which can further improve the regulations, strengthen support and increase funding so as to strengthen the strength of foreign-related law firms and enhance their capabilities, while adapting to and leading the new normal development of China's economy while achieving the new take-off of foreign-related legal services, and make a due contribution to the construction of Shanghai's international metropolis.