Which country’s law applies to Chinese portraits taken by foreign photographers?

Legal analysis: The law of the place of habitual residence of the infringed party shall apply. Infringement of portrait rights does not fall within the scope of criminal law and does not require criminal liability. For the impact caused, only civil compensation can be claimed.

Legal basis: "Civil Procedure Law of the People's Republic of China"

Article 21 Civil lawsuits filed against citizens shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled; the defendant If the place of domicile is inconsistent with the place of habitual residence, the people's court of the place of habitual residence shall have jurisdiction. Civil lawsuits filed against legal persons or other organizations shall be under the jurisdiction of the people's court where the defendant is domiciled. If the domiciles and habitual residences of several defendants in the same lawsuit are within the jurisdiction of two or more people's courts, each of the people's courts shall have jurisdiction.

Article 22 The following civil actions shall be under the jurisdiction of the People's Court of the place where the plaintiff has his domicile; if the plaintiff's place of domicile is inconsistent with his place of habitual residence, the People's Court of the place where the plaintiff has his habitual residence shall have jurisdiction: (1) For cases that are not citizens of the People's Republic of China Litigation related to status and relationship filed by *** and persons residing within the territory of China; (2) Litigation related to status and relationship filed against persons whose whereabouts are unknown or declared missing; (3) lawsuits filed against persons who have been subjected to compulsory education measures Litigation; (4) Litigation against imprisoned persons.

Article 28: Litigation filed due to infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled.