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Xiao Jianguo: Study on Jurisdiction Rules in Civil Guiding Cases¡ª¡ªCentered on Guiding Case No. 25 of the Supreme People¡¯s Court

Abstract: Jurisdiction, as an essential requisite of litigation, should be clear, definite and uncontroversial. Guiding Case No. 25 and Guiding Case No. 56 of the Supreme People¡¯s Court perform the institutional functions of making up the loopholes in and explaining the legal meanings of the jurisdiction rules, respectively. Through these two guiding causes, the Supreme People¡¯s Court has clarified the special regional jurisdiction standard of insurance subrogation cases. The general rule is to decide the jurisdiction of such cases according to the nature of subrogation claims. This principle is widely applicable not only to all kinds of tort claims in subrogation actions brought by insurers, but also to subrogation actions in which the object of insurance is damaged by the third party¡¯s breach of contract. Therefore, in the contractual relationship between the insured and the third party, the effective jurisdiction agreement and the arbitration clause in the contract have an expansionary effect on the insurer exercising the subrogation right, and the insurer should also be bound by the jurisdiction agreement or the arbitration clause. There is also a room for the principle to be applied in other legal recovery right cases.

Key Words: Guiding Case, civil litigation insurance subrogation, special regional jurisdiction, arbitration jurisdiction

(Editor: Zhang Wenke)

 
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