Pilot Program of the Reform of Centralized Jurisdiction over Civil and Commercial Cases across Administrative Divisions

 2018-06-17  51



  • Area of Law Civil Litigation
  • Level of Authority Local Judicial Documents
  • Date issued04-07-2017
  • Effective Date04-07-2017
  • Status Effective
  • Issuing Authority Higher People's Court of Shanghai Municipality



Announcement of the Higher People's Court of Shanghai Municipality on Conducting the Pilot Program of the Reform of Centralized Jurisdiction over Civil and Commercial Cases across Administrative Divisions
In order to continue to deepen the reform of cross-administrative division courts and make efforts to build a litigation pattern of accepting ordinary types of cases in courts within administrative divisions and accepting special types of cases in the cross-administrative division courts, the Higher People's Court of Shanghai Municipality has developed the interim provisions on centralized jurisdiction over civil and commercial cases across administrative divisions. The relevant matters are hereby announced as follows:
I. From May 1, 2017, the No. 3 Intermediate People's Court of Shanghai Municipality shall have jurisdiction over the following civil and commercial cases in accordance with the law:
1. First-instance civil and commercial cases involving the protection of environmental resources (excluding those which are under the jurisdiction of the Shanghai Maritime Court), civil and commercial cases involving food and drug safety, and enterprise bankruptcy cases (excluding cases involving transformation from enforcement to bankruptcy), which are under the jurisdiction of the intermediate people's courts of Shanghai Municipality.
2. First-instance cases involving disputes over contracts on carriage of goods and disputes over contracts on freight forwarding by air, highway, water, etc. (excluding those which are under the jurisdiction of the Shanghai Maritime Court), which are under the jurisdiction of the intermediate people's courts of Shanghai Municipality.
3. Second-instance cases in which the parties file an appeal against the judgments or rulings of civil and commercial cases rendered by the Shanghai Railway Transport Court as a court of first instance.
4. Other civil and commercial cases with jurisdiction designated by the Higher People's Court of Shanghai Municipality.
II. From May 1, 2017, the Shanghai Railway Transport Court shall have jurisdiction over the following civil and commercial cases in accordance with the law:
1. First-instance civil and commercial cases involving the protection of environmental resources (excluding those which are under the jurisdiction of the Shanghai Maritime Court, the People's Court of Jinshan District, Shanghai Municipality, the People's Court of Qingpu District, Shanghai Municipality, and the People's Court of Chongming District, Shanghai Municipality), which are under the jurisdiction of the basic-level people's courts of Shanghai Municipality.
2. First-instance civil and commercial cases involving food and drug safety and enterprise bankruptcy cases (excluding cases involving transformation from enforcement to bankruptcy), which are originally under the jurisdiction of the people's courts of Minghang, Xuhui, Huangpu and Yangpu Districts.
3. First-instance cases involving disputes over contracts on carriage of goods and disputes over contracts on freight forwarding by air, highway, water, etc. (excluding those which are under the jurisdiction of the Shanghai Maritime Court), which are originally under the jurisdiction of the people's courts of Minghang, Xuhui, Huangpu and Yangpu Districts.
4. Other civil and commercial cases with jurisdiction designated by the Higher People's Court of Shanghai Municipality.
III. The No. 1 and No. 2 Intermediate People's Courts of Shanghai Municipality shall no longer accept cases set forth in Article 1 of this Announcement from May 1, 2017, and cases that have been accepted but not yet concluded before April 30, 2017 shall continue to be tried by the original courts accepting such cases.
Other basic-level people's courts shall no longer accept the cases set forth in Article 2 of this Announcement from May 1, 2017, and the cases that have been accepted but not yet concluded before April 30, 2017 shall continue to be tried by the original courts accepting such cases.
Annex: Scope of Applicable Causes of Civil and Commercial Cases Involving the Protection of Environmental Resources and the Food and Drug Safety
Higher People's Court of Shanghai Municipality
April 7, 2017