The competent court of property litigation

The law requires that the court with jurisdiction be determined before prosecution, and the court without jurisdiction will not accept it. So now, then, in the litigation of property management disputes, how is the jurisdiction court of property litigation stipulated? I answer for readers.

First, the court jurisdiction of property litigation

(1) Civil dispute

1. The infringement dispute shall be brought to the court of the defendant's domicile.

Where a party who signs a property management contract brings an infringement lawsuit against the other party, the provisions of Article 28 of the Civil Procedure Law shall apply and the people's court in the place where the infringement occurred or where the defendant has his domicile shall have jurisdiction.

2. Defendant's domicile

If the owner is the defendant, the owner's residence is both at the location of the property and outside the location of the property. It is not the owner who buys the property, but the location of the property is the location of his household registration. Therefore, it cannot be simply considered that the location of the property is the defendant's domicile; The domicile of a property management company refers to the location of its main business premises or main office premises, not the location where property management is implemented. However, because the property management contract is to implement property management at the location of the property, it should be considered that the location of the property is the place where the contract is performed.

(two) the contract dispute to the defendant's domicile court or the court where the contract is performed.

1. The provisions of Article 23 of the Civil Procedure Law shall apply to the contract disputes arising from the property management contract, and the litigation arising from the contract disputes shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.

2. The Court of Appeal may determine by agreement.

Article 34 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that both parties to a contract may agree in a written contract to choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but it shall not violate the provisions of this law on hierarchical jurisdiction and exclusive jurisdiction.

(three) both infringement and breach of contract

1. If one party violates the property management contract and causes damage to the other party, the other party may choose to file a lawsuit for breach of contract or tort, and the court will determine the jurisdiction according to the nature of the lawsuit.

2. It is not under the jurisdiction of the court where the real estate is located.

Although the property management dispute is caused by the management of real estate, it is not a real estate dispute and the provisions of exclusive jurisdiction are not applicable.

Second, the classification of litigation jurisdiction.

(A) the legal classification of jurisdiction

China's criminal procedure law, civil procedure law and administrative procedure law all make special provisions on jurisdiction in their respective legal provisions. The three types of procedural laws divide jurisdiction into four categories: hierarchical jurisdiction, territorial jurisdiction, transferred jurisdiction and designated jurisdiction, among which territorial jurisdiction is divided into four subcategories: general territorial jurisdiction, special territorial jurisdiction, exclusive jurisdiction and * * * combined jurisdiction. What needs special emphasis is:

(1) Jurisdiction in the Civil Procedure Law and the Administrative Procedure Law only solves the division of authority of the people's court system to accept civil and administrative cases of first instance, while jurisdiction in criminal proceedings not only solves the trial jurisdiction between the people's courts, but also solves the division of authority between the public, procuratorial and legal organs to file and accept criminal cases, that is, the functional jurisdiction in criminal proceedings. Therefore, in addition to the above four types of trial jurisdiction, China's criminal procedure jurisdiction also includes functional jurisdiction. Functional jurisdiction gives public security organs and procuratorates the right to file, accept and investigate some criminal cases. However, the jurisdiction of these criminal cases is still in the people's courts. If a public security organ or a people's procuratorate believes that criminal responsibility should be investigated after investigation, it shall transfer the criminal case to a people's court with jurisdiction for trial.

(2) The parties in civil litigation and administrative litigation have certain right to choose the jurisdiction of some cases. Therefore, in its geographical jurisdiction, in addition to the above four categories, it also includes agreement jurisdiction and choice jurisdiction. These two types of jurisdiction are the application of the principle of party autonomy in the field of civil litigation and administrative litigation, that is, fully respecting the wishes of the parties, enabling them to seek the most trusted people's court for litigation, which is conducive to completely solving disputes. However, in criminal proceedings, whether it is a public prosecution case or a private prosecution case, the parties have no right to choose and dispose of the case, which is determined by the characteristics of criminal proceedings to investigate and deal with crimes.

(B) the classification of jurisdiction in litigation theory

1, legal jurisdiction and adjudication jurisdiction

According to whether the determination of jurisdiction is stipulated by law, jurisdiction can be divided into statutory jurisdiction and adjudicative jurisdiction.

(1) Legal jurisdiction. It is the law that clearly stipulates which cases shall be exercised by which court of which people's court at which level. Therefore, in terms of legal jurisdiction, according to the difference between vertical and horizontal jurisdiction of the court, it can be divided into hierarchical jurisdiction and regional jurisdiction.

(2) Jurisdiction of adjudication. The court with corresponding authority shall make a ruling or decision to determine the specific jurisdiction court. In terms of jurisdiction, there are different ways to decide according to jurisdiction, which can be divided into designated jurisdiction, transferred jurisdiction and transferred jurisdiction.

Judging from the relationship between statutory jurisdiction and judicial jurisdiction, statutory jurisdiction is formulated for the general situation of litigation jurisdiction, and judicial jurisdiction is stipulated for special policy situations. The establishment of trial jurisdiction is either to implement the provisions of statutory jurisdiction or to make individual adjustments to statutory jurisdiction.

2. Exclusive jurisdiction and agreement jurisdiction

Jurisdiction can be divided into exclusive jurisdiction and agreement jurisdiction according to whether jurisdiction is legally mandatory and whether the parties are allowed to change by agreement.