중국법상 섭외사건의 국제재판관할에 관하여

International civil litigation in China is that international civil cases are tried and solved by Chinese people’s court with the participation of both parties and orther litigation parties. The sources of chinese law regarding international civil litigation are Part 4 of <Law of Civil Procedure of the People’s Republic of China> and the judicial interpretation that Chinese Supreme people’s court enacted regarding international civil litigation. The jurisdiction of international civil litigation is the authority of one nation’s court to apply laws to cases involving ‘foreign elements’. There’s no general provision regarding jurisdiction of international civil litigation in <Law of Civil Procedure of the People’s Republic of China. Part 4, Chapter 24 of <Law of Civil Procedure of the People’s Republic of China> regulates only contracts and other property dispute cases. The other cases involving foreign elements are regulated by Part 1, Chapter 2 of <Law of Civil Procedure of the People’s Republic of China>. A civil lawsuit initiated against a citizen shall be under the jurisdiction of the people’s court in the place where the defendant has his or her domicile(or habitual residence) and a lawsuit brought against a defendant who has no domicile in the People’s republic of China may be under the jurisdiction of the people’s court in the place where the contract is signed or performed or where the subject matter of the action is located. And <Law of Civil Procedure of the People’s Republic of China> also stipulates multiple claims, referral and designation of jurisdiction, exclusive jurisdiction, concentration of jurisdiction. It is also founded that the “Forum non Conveniens” applied to the cases when multiple courts has the jurisdiction of international civil litigation.