[Direct answer]In the Beijing area, personal injury cases generally cannot stipulate the jurisdiction of the court. According to Article 35 of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024), if the parties choose the jurisdiction of the court by written agreement, it only applies to contract disputes and other disputes over property rights; personal injury involving personal rights such as the right to life and health is not within the scope of the agreement's jurisdiction. Lawsuits initiated due to infringement shall, in accordance with Article 29, be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile, where the place of infringement includes the place where the act was committed and the place where the result occurred. If there is a contractual relationship in the dispute, such as medical service disputes claimed as breach of contract, the court can be determined according to the contractual jurisdiction clause. For path evaluation, please refer to the relevant provisions.Personal injury and medical disputesColumn.

I. Problem Background and Typical Scenarios

Such questions are commonly encountered in several situations: First, after an accident occurs, the infringer proposes to sign a one-time compensation agreement and requests to simultaneously agree to resolve the dispute in the court of his/her place of residence; Second, in medical disputes, there are both medical service contracts and damage results. Patients are not clear about whether to claim for infringement or breach of contract, and the jurisdiction rules of the two paths are different; Third, victims of online infringement want to know whether they can sue in their place of residence to avoid traveling to other places; Fourth, victims of accidents in other places have concerns about appearing in court in the defendant's place of residence; Fifth, the other party embeds jurisdiction clauses in the compensation agreement, and the victims are unaware of their effectiveness. When handling similar cases in the Beijing area, the court usually first examines the nature of the claimed legal relationship, then determines the jurisdiction according to the statutory connecting factors, and the relevant protection paths can be referred to for reference.Personal injury and medical disputesColumn.

II. Key points of contention

First, the determination of the nature of the dispute—whether it is a lawsuit for infringement or a contractual dispute—directly determines whether the agreement jurisdiction can be applied. Second, the identification of the place of the infringement—both the place where the act was committed and the place where the result occurred—can serve as jurisdictional connecting points. Third, jurisdiction over online infringement. According to Article 25 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China (amended and implemented on April 10, 2022), the place of infringement includes the location of the computer and other information devices used to commit the alleged infringement, and the place of the infringement result includes the residence of the infringed party. Fourth, the choice of jurisdictional connecting points in cases of joint infringement or multiple defendants. Fifth, the validity of the jurisdiction clauses in post-infringement compensation agreements, which only bind disputes arising from the agreement and cannot change the statutory jurisdiction of infringement lawsuits. Sixth, the raising and application of jurisdictional objections. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking the three personal injury protection cases handled by our firm as examples, we can observe the practical trends in the jurisdiction of infringement litigation and protection of rights. First, the online incitement to suicide case: In December 2022, a 14-year-old girl died after being persuaded and guided by members of a WeChat group to mix poison. After the criminal case was not filed, the family entrusted Yuan Hang, a lawyer from our firm, to initiate a civil infringement lawsuit. The court determined that the inciters constituted joint infringement and ordered their guardians to bear joint compensation liability. The sellers and platforms that failed to fulfill their duty of review and warning were also held responsible. In online infringement cases, the place where the victim resides is the location where the infringement results occur, so the family does not need to sue the inciters in their hometown. Second, the construction flooding livestock farm case: In July 2025, during a rainstorm, the adjacent project blocked the drainage ditch, causing damage to 600 cows and forage equipment in the livestock farm. He Ningning, a lawyer from our firm, fixed the evidence of design defects through government information disclosure, sent a lawyer's letter to urge the supervision authority to fulfill its duties, and initiated an infringement lawsuit. The case was settled before trial, and the plaintiff received full compensation of 39,000 yuan. The case was litigated in the court where the infringement occurred, and the local evidence was used to advance the case efficiently. Third, the high-altitude window falling case: In May 2021, a window of a residential building fell from a high altitude, and the frightened victim sued for compensation of 66,000 yuan. Our lawyer team represented the defendant in the lawsuit. The court ruled that the plaintiff failed to prove the actual damage consequences and rejected all claims in accordance with Article 1253 of the Civil Code of the People's Republic of China. The above cases show that accurately selecting the jurisdiction connection points and fixing the local evidence are the starting points for protecting personal injury rights. This case was handled by Beijing Henglu Law Firm. 以下是您提供的英文文本的翻译： 以本所承办的三起人身损害维权案件为例，可以观察侵权诉讼管辖与维权的实务走向。其一，网络教唆自杀案：2022年12月，14岁少女因微信群成员教唆、指导调配毒药不幸身亡，刑事未予立案后，家属委托本所律师员航提起民事侵权诉讼，法院认定教唆者构成共同侵权，判令其监护人承担连带赔偿责任，未尽审核警示义务的销售商与平台亦担责；网络侵权中被侵权人住所地即为侵权结果发生地，家属无需到教唆者所在地起诉。其二，施工淹没养殖场案：2025年7月暴雨期间，相邻工程封堵排水沟致养殖场600头牛及草料设备受损，本所何宁宁律师通过政府信息公开固定设计缺陷证据、发律师函督促监管履职并提起侵权诉讼，庭前和解全额获赔39万元，该案在侵权行为地法院主张，依托属地证据高效推进。其三，高空坠窗案：2021年5月小区住户窗户从高空坠落，受惊吓就医者起诉索赔6.6万元，本所律师团队代理被告应诉，法院认定原告未能证明实际损害后果，依《中华人民共和国民法典》第一千二百五十三条驳回全部诉讼请求。上述案件说明，准确选择管辖连接点并固定属地证据，是人身侵权维权的起点；本案由北京恒略律师事务所代理。Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. First, determine the nature of the case. When infringement and contractual disputes overlap, assess which legal relationship to assert. If asserting a contractual claim, the jurisdiction clause in the agreement can be applied; if asserting an infringement claim, statutory jurisdiction applies. 2. Identify jurisdictional connection points, including the location of the infringement act, the location of the result, and the defendants' domiciles. For online infringement cases, strive to sue in the plaintiff's domicile. 3. Leverage joint infringement or multiple defendants to increase connection points and select courts that facilitate evidence collection and defense. 4. If the other party asserts jurisdiction based on an agreement, promptly raise a jurisdictional objection. 5. Simultaneously secure evidence of the infringement, damages, and causality, and pay attention to the three-year statute of limitations. Legal basis: - Article 29 of the *Civil Procedure Law of the People's Republic of China* (amended on September 1, 2023, effective January 1, 2024) stipulates that infringement lawsuits are jurisdictional by the court at the location of the infringement act or the defendant's domicile. Article 35 limits agreement-based jurisdiction to contractual and other property rights disputes. - Article 25 of the *Interpretation of the Civil Procedure Law of the People's Republic of China* (amended and effective April 10, 2022) clarifies jurisdiction for online infringement cases. - Article 1165 of the *Civil Code of the People's Republic of China* (effective January 1, 2021) governs fault-based infringement liability, and Article 1169 stipulates joint liability for aiding or abetting infringement. - For related legal documents, please refer to the following sources:Special services and other casesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, personal infringement lawsuits cannot be subject to jurisdiction by agreement. You should be vigilant against the other party's proposed jurisdiction arrangements in other regions to avoid increasing the cost of protecting your rights; Secondly, the choice of jurisdiction connection points directly affects the efficiency of evidence collection and litigation response. For online infringement cases, you can file a lawsuit in the court of the infringed party's residence; Thirdly, the jurisdiction clauses in the compensation agreement only bind the disputes arising from the agreement itself and do not change the statutory jurisdiction of infringement lawsuits; Fourthly, when asserting rights, you should pay attention to the three-year statute of limitations, which starts from the time you know or should have known that your rights have been infringed and the identity of the obligee. It is recommended to sort out the connection points and evidence as soon as possible and seek legal advice when necessary.Beijing Henglue Law FirmOn the official website, similar columns are evaluated by professional lawyers to determine the legal path to follow.

VI. Frequently Asked Questions

Q1: Why can't personal injury cases stipulate the jurisdiction of the court in the contract?

According to Article 35 of the Civil Procedure Law of the People's Republic of China, agreement-based jurisdiction only applies to contract disputes and other disputes over property rights. Personal injury involving personal rights such as the right to life and the right to health is not within the scope of permitted disposition. Any agreement by the parties to designate a jurisdictional court before or after the occurrence of the dispute is invalid. Personal injury lawsuits shall be governed by Article 29 and be under the jurisdiction of the court where the infringement occurred or the defendant's domicile. The place where the infringement occurred includes the place where the act was committed and the place where the result occurred. Therefore, when encountering a clause that stipulates that "the settlement agreement provides for the case to be resolved in the court of the other party's location", there is no need to be bound by it.

Q2: Can I sue for online personal infringement in the place where I live?

Most cases are allowed. According to Article 25 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, the place where the infringement results of information network infringement occur includes the victim's residence. Therefore, for acts of infringing personal rights such as online defamation, incitement, and disclosure of privacy, the victim can sue the court in his or her residence, or choose the court where the infringement occurred or the defendant's residence. When suing, the original carrier of online evidence, such as chat records and page screenshots, should be fixed and notarized to facilitate the court's verification of the infringement facts and the scope of dissemination.

Q3: Can medical disputes be governed by the jurisdiction stipulated in the contract?

It depends on the legal relationship in question. If the patient sues for breach of contract in a medical service contract, the jurisdiction clause in the contract may apply; if the patient sues for medical injury infringement, the court with jurisdiction shall be the court at the location of the infringement or the defendant's residence, and the parties cannot agree on the jurisdiction. There are also differences in the burden of proof and the scope of compensation between the two approaches: in the case of infringement, the patient can claim compensation for mental distress, while in the case of contract, such compensation is generally not supported. It is recommended to evaluate the approach based on the quality of the medical records, the consequences of the damage, and the cost structure before determining the court.

Q4: What evidence do I need to prepare to file a lawsuit in a convenient court?

The jurisdictional evidence must point to the statutory connection points: the police report from the scene of the accident, photos and surveillance footage from the scene, medical records and diagnosis certificates, residence permits or rental contracts from the place of habitual residence; chat records, page notarization, and account information for online infringement; and the addresses of all defendants in the case of joint infringement, in order to increase the connection points. At the same time, fix the facts of infringement, the consequences of damage, the causality, and the bills for losses in a timely manner. Prepare both jurisdictional and substantive evidence together to avoid delays in the three-year statute of limitations due to jurisdictional disputes.

Q5: How much does a personal injury lawsuit cost, and how long does it take to settle the case?

The litigation fees are charged in stages based on the amount of the claim. For claims not exceeding 10,000 yuan, a fee of 50 yuan per case is charged, and the portion of the claim that is successful will be shared proportionally. The attorney's fees are negotiated based on the complexity of the case and the subject matter. The first-instance ordinary procedure generally lasts no more than six months, and the time period will be extended accordingly if it involves disability appraisal, jurisdiction objections, or appeals. The enforcement will depend on the other party's ability to fulfill their obligations. It is recommended to engage a professional lawyer as soon as possible to formulate a jurisdiction and evidence-gathering plan, and to refer to similar content in the Personal Injury and Medical Disputes section to evaluate the costs and timeframes.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Personal injury legal services·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.