法律专业英语学习-中华人民共和国民事诉讼法(2)
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发布时间：2023-07-12 06:52
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时间：2023-09-19 04:19
第二十一条 人民*管辖下列第一审民事案件：
Article 21 The Supreme People's Court shall have jurisdiction as the court of first instance over the following civil cases:
（一）在全国有重大影响的案件；
(1) cases that have major impact on the whole country;
（二）认为应当由本院审理的案件。
and (2) cases that the Supreme People's Court deems it should try.
第二节 地域管辖
Section 2 Territorial Jurisdiction
第二十二条 对公民提起的民事诉讼，由被告住所地人民*管辖；被告住所地与经常居住地不一致的，由经常居住地人民*管辖。
"Article 22 A civil lawsuit brought against a citizen shall be under the jurisdiction of the people's court of the place where the defendant has his domicile; if the place of the defendant's domicile is different from that of his habitual residence, the lawsuit shall be under the jurisdiction of the people's court of the place of his habitual residence."
对法人或者其他组织提起的民事诉讼，由被告住所地人民*管辖。
A civil lawsuit brought against a legal person or any other organization shall be under the jurisdiction of the people's court of the place where the defendant has his domicile.
同一诉讼的几个被告住所地、经常居住地在两个以上人民*辖区的，各该人民*都有管辖权。
"Where the domiciles or habitual residences of several defendants in the same lawsuit are in the areas under the jurisdiction of two or more people's courts, all of those people's courts shall have jurisdiction over the lawsuit."
第二十三条 下列民事诉讼，由原告住所地人民*管辖；原告住所地与经常居住地不一致的，由原告经常居住地人民*管辖：
"Article 23 The civil lawsuits described below shall be under the jurisdiction of the people's court of the place where the plaintiff has his domicile; if the place of the plaintiff's domicile is different from that of his habitual residence, the lawsuit shall be under the jurisdiction of the people's court of the place of the plaintiff's habitual residence: "
（一）对不在中华人民共和国领域内居住的人提起的有关身份关系的诉讼；
(1) those concerning personal status brought against persons not residing within the territory of the People's Republic of China;
（二）对下落不明或者宣告失踪的人提起的有关身份关系的诉讼；
(2) those concerning the personal status of persons whose whereabouts are unknown or who have been declared as missing;
（三）对被劳动教养的人提起的诉讼；
(3) those brought against persons who are undergoing rehabilitation through labour;
（四）对被监禁的人提起的诉讼。
and (4) those brought against persons who are in imprisonment.
第二十四条 因合同纠纷提起的诉讼，由被告住所地或者合同履行地人民*管辖。
Article 24 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.
第二十五条 合同的双方当事人可以在书面合同中协议选择被告住所地、合同履行地、合同签订地、原告住所地、标的物所在地人民*管辖，但不得违反本法对级别管辖和专属管辖的规定。
"Article 25 The parties to a contract may agree to choose in their written contract 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 or where the object of the action is located to exercise jurisdiction over the case, provided that the provisions of this Law regarding jurisdiction by forum level and exclusive jurisdiction are not violated."
第二十六条 因保险合同纠纷提起的诉讼，由被告住所地或者保险标的物所在地人民*管辖。
Article 26 A lawsuit brought on an insurance contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the insured object is located.
第二十七条 因票据纠纷提起的诉讼，由票据支付地或者被告住所地人民*管辖。
Article 27 A lawsuit brought on a bill dispute shall be under the jurisdiction of the people's court of the place where the bill is to be paid or where the defendant has his domicile.
第二十八条 因铁路、公路、水上、航空运输和联合运输合同纠纷提起的诉讼，由运输始发地、目的地或者被告住所地人民*管辖。
"Article 28 A lawsuit arising from a dispute over a railway, road, water, or air transport contract or over a combined transport contract shall be under the jurisdiction of the people's court of the place of dispatch or the place of destination or where the defendant has his domicile."
第二十九条 因侵权行为提起的诉讼，由侵权行为地或者被告住所地人民*管辖。
Article 29 A lawsuit brought on a tortious act shall be under the jurisdiction of the people's court of the place where the tort is committed or where the defendant has his domicile.
第三十条 因铁路、公路、水上和航空事故请求损害赔偿提起的诉讼，由事故发生地或者车辆、船舶最先到达地、航空器最先降落地或者被告住所地人民*管辖。
"Article 30 A lawsuit brought on claims for damages caused by a railway, road, water transport or air accident shall be under the jurisdiction of the people's court of the place where the accident occurred or where the vehicle or ship first arrived after the accident or where the aircraft first landed after the accident, or where the defendant has his domicile."
第三十一条 因船舶碰撞或者其他海事损害事故请求损害赔偿提起的诉讼，由碰撞发生地、碰撞船舶最先到达地、加害船舶被扣留地或者被告住所地人民*管辖。
"Article 31 A lawsuit brought on claims for damages caused by a collision at sea or by any other maritime accident shall be under the jurisdiction of the people's court of the place where the collision occurred or where the ship in collision first docked after the accident or where the ship at fault was detained, or where the defendant has his domicile."
第三十二条 因海难救助费用提起的诉讼，由救助地或者被救助船舶最先到达地人民*管辖。
Article 32 A lawsuit instituted for expenses of maritime salvage shall be under the jurisdiction of the people's court of the place where the salvage took place or where the salvaged ship first docked after the disaster.
第三十三条 因共同海损提起的诉讼，由船舶最先到达地、共同海损理算地或者航程终止地的人民*管辖。
Article 33 A lawsuit brought for general average shall be under the jurisdiction of the people's court of the place where the ship first docked or where the adjustment of general average was concted or where the voyage ended.
第三十四条 下列案件，由本条规定的人民*专属管辖：
Article 34 The following cases shall be under the exclusive jurisdiction of the people's courts herein specified:
（一）因不动产纠纷提起的诉讼，由不动产所在地人民*管辖；
(1) a lawsuit brought on a dispute over real estate shall be under the jurisdiction of the people's court of the place where the estate is located;
（二）因港口作业中发生纠纷提起的诉讼，由港口所在地人民*管辖；
(2) a lawsuit brought on a dispute over harbour operations shall be under the jurisdiction of the people's court of the place where the harbour is located;
（三）因继承遗产纠纷提起的诉讼，由被继承人死亡时住所地或者主要遗产所在地人民*管辖。
"and (3) a lawsuit brought on a dispute over succession shall be under the jurisdiction of the people's court of the place where the decedent had his domicile upon his death, or where the principal part of his estate is located."
第三十五条 两个以上人民*都有管辖权的诉讼，原告可以向其中一个人民*起诉；
"Article 35 When two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring his lawsuit in one of these people's courts; "
原告向两个以上有管辖权的人民*起诉的，由最先立案的人民*管辖。
"if the plaintiff brings the lawsuit in two or more people's courts that have jurisdiction over the lawsuit, the people's court in which the case was first entertained shall have jurisdiction."
第三节 移送管辖和指定管辖
Section 3 Transfer and Designation of Jurisdiction
第三十六条 人民*发现受理的案件不属于本院管辖的，应当移送有管辖权的人民*，受移送的人民*应当受理。
"Article 36 If a people's court finds that a case it has entertained is not under its jurisdiction, it shall refer the case to the people's court that has jurisdiction over the case. "
受移送的人民*认为受移送的案件依照规定不属于本院管辖的，应当报请上级人民*指定管辖，不得再自行移送。
"The people's court to which a case has been referred shall entertain the case, and if it considers that, according to the relevant regulations, the case referred to it is not under its jurisdiction, it shall report to a superior people's court for the designation of jurisdiction and shall not independently refer the case again to another people's court."
第三十七条 有管辖权的人民*由于特殊原因，不能行使管辖权的，由上级人民*指定管辖。
"Article 37 If a people's court which has jurisdiction over a case is unable to exercise the jurisdiction for special reasons, a superior people's court shall designate another court to exercise jurisdiction."
人民*之间因管辖权发生争议，由争议双方协商解决；协商解决不了的，报请它们的共同上级人民*指定管辖。
"In the event of a jurisdictional dispute between two or more people's courts, it shall be resolved by the disputing parties through consultation; if the dispute cannot be so resolved, it shall be reported to their common superior people's court for the designation of jurisdiction."
第三十八条 人民*受理案件后，当事人对管辖权有异议的，应当在提交答辩状期间提出。
"Article 38 If a party to an action objects to the jurisdiction of a people's court after the court has entertained the case, the party must raise the objection within the period prescribed for the submission of defence. "
人民*对当事人提出的异议，应当审查。
The people's court shall examine the objection.
异议成立的，裁定将案件移送有管辖权的人民*；异议不成立的，裁定驳回。
"If the objection is established, the people's court shall order the case to be transferred to the people's court that has jurisdiction over it; if not, the people's court shall reject it."
第三十九条 上级人民*有权审理下级人民*管辖的第一审民事案件，也可以把本院管辖的第一审民事案件交下级人民*审理。
Article 39 The people's courts at higher levels shall have the power to try civil cases over which the people's courts at lower levels have jurisdiction as courts of first instance; they may also transfer civil cases over which they themselves have jurisdiction as courts of first instance to people's courts at lower levels for trial.
下级人民*对它所管辖的第一审民事案件，认为需要由上级人民*审理的，可以报请上级人民*审理。
"If a people's court at a lower level that has jurisdiction over a civil case as court of first instance deems it necessary to have the case to be tried by a people's court at a higher level, it may submit it to and request the people's court at a higher level to try the case."
第三章 审判组织
Chapter III Trial Organization
第四十条 人民*审理第一审民事案件，由审判员、陪审员共同组成合议庭或者由审判员组成合议庭。
Article 40 The people's court of first instance shall try civil cases by a collegial panel composed of both judges and judicial assessors or of judges alone.
合议庭的成员人数，必须是单数。
The collegial panel must have an odd number of members.
适用简易程序审理的民事案件，由审判员一人独任审理。
Civil cases in which summary procere is followed shall be tried by a single judge alone.
陪审员在执行陪审职务时，与审判员有同等的权利义务。
"When performing their ties, the judicial assessors shall have equal rights and obligations as the judges."
