We had introduced the flow about sueing a divorce to everybody before, and when encountering divorce dispute, I am to choose to the agreement divorces or sue a divorce after all, believe the friends of the preamble rule that has viewed, had been familiar with these content very much, and how to choose a heart after all to oneself in also should know exactly about sth.
This piece will introduce again to everybody, if you plan to sue a divorce, ought to go after all which court? This also is a lot of friends' not quite clear problem actually.
Although we knew to sue a divorce,should go forensic put on record, but the court of our country or rife, can not be you want to go which go which oh.
The court of our country can divide roughly for 4 grade: Basic level court, intermediate court, high Court, and the supreme court.
From the point of the nominally of these courts, we ought to know, these courts are come according to grade of sort, if you are first time,sue so, must from most basic level begins to come, cannot one arrived High Court. Of course, if be these special cases,the particularly big case that perhaps involves bid should be not considered additionally, but to general divorce case, great majority is begin from basic level court first.
So where is basic level court? How ought to we choose? This introduces in detail to everybody with respect to need.Usually, basic level court is to point to the court inside every administration area under administration. It is with Beijing exemple. The face includes a lot of divisions in Beijing, for example, on the west area of the city zone, Haidian, rising sun area. Every area has court of a district. This is basic level court. If be city of level of a few ground, then you seek your place's least court of justice.
Found these courts, we set according to law again, will choose you of this case administer court.
Generally speaking, major case is according to accuser the principle with respect to the accused. That is to say, of the accused often reside dwelling place or census register ground to be in which area, you go which court put on record is OK.
Attentive friends can be met discovery, the seat of alleged the accused also includes two kinds of cases actually, one is to often occupy a dwelling place, one is census register seat, what distinction do these two have? Should choose after all which? Often occupying a dwelling place is to show a person lives in certain place live one year the place of above, and census register ground, what point to commonly is registered permanent residence the address that this getting on. If have,often reside a dwelling place to often live namely the court of the ground, if do not have, just go court of census register seat.
So to a few people that are absent to census register ground works or live, perhaps his native place is in Henan, but he is in Beijing all the time however the city zone lives on the west, so if you sue him, ought to go on the west court of the city zone, and need not go again his native place is sued. But if he was not in Beijing to live one year above, still want to go to what his native place sues.
Besides go court of the accused seat is sued beyond, still have a few special cases, possible meeting goes the court of other perhaps ground sues accuser seat, this is about to see you whether attribute these special situations.
{! - - PGC_COLUMN- - }1, sue in living ground likely
" top people court about applicable < code of civil law > the opinion of a certain number of problems " the 12nd regulation " one party of husband and wife leaves abode ground more than one year, other one party prosecutes the case of the divorce, by court of people of accuser abode ground administer. Both sides of husband and wife leaves abode ground more than one year, one party prosecutes the case of the divorce, often reside court of dwelling place people by the accused administer; often did not live of the ground, the people court that the ground lives when be being sued by accuser administer. The people court that the ground lives when be being sued by accuser administer..
2, sue in accuser seat court
" code of civil law " the 23rd: "Following and civil suit, by court of people of accuser abode ground administer ground of; accuser abode and often occupy a dwelling place abhorrent, often reside court of dwelling place people by accuser administer:
(1) concerns the litigant; that the identity concerns to what the person that does not live inside domain of People's Republic of China mentions
(The concerns about the identity lawsuit; that the person that 2) is missing to miss or proclaiming mentions
(3) the litigant; that to be being worked cultural person mentions
(The lawsuit that 4) mentions to the person that is imprisoned. " high standard about applicable < code of civil law > the opinion of a certain number of problems " the 8th regulation: "Bilateral party is imprisoned or be worked cultural, by court of people of ground of the accused primary residence administer. The accused is imprisoned or by work education of a year of above, be imprisoned by the accused the ground or by court of people of work breeding ground administer. Be imprisoned by the accused the ground or by court of people of work breeding ground administer..
3, military divorce case administer court
" top people court about applicable < code of civil law > the opinion of a certain number of problems " the 11st regulation: "Be not the divorce suit that the soldier offers to the soldier, if military one party is soldier of blame civil service, by court of people of accuser abode ground administer. Party of divorce suit both sides is a soldier, by ground of the accused abode or the people court of the place where troops are stationed of unit of conglomerate form above that the accused is in administer. By ground of the accused abode or the people court of the place where troops are stationed of unit of conglomerate form above that the accused is in administer..
About involving divorce case of the soldier, a lot of people think can handle by the in-house court of army, consider as namely try by martial court, this kind of understanding is wrong. Involve divorce case of the soldier, no matter one party or both sides are a soldier, be tried by local court, martial court has no right to handle.
4, of case of divorce of concerning foreign affairs or foreign nationals administer court
" top people court about applicable < code of civil law > the opinion of a certain number of problems " the 13rd regulation: "Marry in home and the overseas Chinese of resident abroad, if settle,national law courtyard must be concluded by marriage with divorce suit ground court administer for do not grant to accept, party offers divorce suit to people court, conclude by marriage the ground or a final room dwelling place in home people court administer. Conclude by marriage the ground or a final room dwelling place in home people court administer..
The 14th sets: "Marry in abroad and the overseas Chinese of resident abroad, if settle,national law courtyard is needed with divorce suit belong to national law courtyard by citizenship place administer for do not grant to accept, party offers divorce suit to people court, live by ground of a primary residence or the final room in home ground people court administer. Live by ground of a primary residence or the final room in home ground people court administer..
The 15th sets: "Chinese citizen one party lives in abroad, one party lives in home, no matter court of people of which one way mentions divorce suit, the people court of ground of abode of domestic one party has right administer. Be like foreign one party to be sued in courtyard of living national law, domestic one party sues to people court, suffer courtyard of civil code telling a person to have right administer. Suffer courtyard of civil code telling a person to have right administer..
The 16th sets: "Chinese citizen both sides is in abroad but uncertain house, court of one way people sues a divorce, should by accuser or the people court of ground of the accused primary residence administer. Should by accuser or the people court of ground of the accused primary residence administer..
Live abroad of the State Council does in defining to overseas Chinese 2005 " resident " made clear explanation: "Chinese citizen already obtained state to which a diplomatic envoy is accredited long-term or permanent of resident authority, or although did not obtain state to which a diplomatic envoy is accredited long-term or permanent resident authority, but already obtained state to which a diplomatic envoy is accredited successive 5 years of above are lawful and resident qualification, live in abroad, calculate resident in abroad. Student studying abroad going abroad (include public school and at one's own expenses) on business people assigned aborad is reached during outer study (include service personnel) during outer job, do not consider as resident. Do not consider as resident..
So you look, divorce case about going which court is sued quite complex, can not be you those who envisage is so simple. So any case is done not have simple, only relatively simple or complex. If you are taken,forbid so, still want to ask professional lawyer to handle, the legal knowledge that perhaps studies this aspect more at ordinary times.
If you have relevant legal problem, perhaps need to seek advice in detail further, can pay close attention to this head date, illicit letter lawyer seeks advice!
