Answer: When the defendant does not have aresidence within the territory of our country, the principles of case jurisdiction are as follows:
(1) Priority of jurisdiction by agreement,that is, the parties to a contract or other property rights dispute may choose in writing to choose the jurisdiction of the court in the place where the defendant has his domicile, where the contract is performed, where the contract is signed, where the plaintiff has his domicile, where the subject matter is located, and other places that are actually related to the dispute, but shall not violate the provisions of hierarchical jurisdiction and exclusive jurisdiction;
Alternatively, a written agreement can be reached to choose the jurisdiction of a foreign court located in a location that is actually related to the dispute, such as the defendant's residence, the place of contract performance, the place of contract signing, the plaintiff's residence, the location of the subject matter, and the place of infringement;
(2) If there is no agreement governing alawsuit filed against a defendant who does not have a domicile in China due to contract disputes or other property rights disputes, if the contract is signed
or performed in China, or if the subject matter of the lawsuit is in China, or if the defendant has property available for seizure in China, or if the defendant has a representative office in China, the place where the contract is signed or performed may be The jurisdiction of the court in the place where the subject matter of the lawsuit is located, where the property available for seizure is located, where the infringement is committed, or where the representative office is located;
(3) Litigation arising from disputes overthe establishment, confirmation of shareholder qualifications, distribution of profits, dissolution, etc. of a company shall be under the jurisdiction of the court in the place where the company is domiciled.
According to the above jurisdictionalprinciples, if the jurisdictional connection point is located in Beijing, one can choose a court with jurisdiction in Beijing to file a lawsuit.
北京市第四中级人民法院 --涉外涉港澳台商事案件解答之管辖常见问题3:被告在我国领域内没有住所的,如何确定案件管辖?
解答:当被告在我国领域内没有住所的,案件管辖的原则如下:
(1)协议管辖优先,即合同或者其他财产权益纠纷的当事人可以书面协议选择被告住所地、合同履行地、合同签订地、原告住所地、标的物所在地等与争议有实际联系的地点的人民法院管辖,但不得违反级别管辖和专属管辖的规定;也可以书面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、侵权行为地等与争议有实际联系地点的外国法院管辖;
(2)若不存在协议管辖的,因合同纠纷或者其他财产权益纠纷,对在我国领域内没有住所的被告提起的诉讼,如果合同在我国领域内签订或者履行,或者诉讼标的物在我国领域内,或者被告在我国领域内有可供扣押的财产,或者被告在我国领域内设有代表机构,可以由合同签订地、合同履行地、诉讼标的物所在地、可供扣押财产所在地、侵权行为地或者代表机构住所地人民法院管辖;
(3)因公司设立、确认股东资格、分配利润、解散等纠纷提起的诉讼,由公司住所地人民法院管辖。
按照上述管辖原则,若管辖连接点位于北京的,则可以选择北京市有管辖权的法院起诉。