Regulating the Hierarchical Jurisdiction of Contract Disputes and Case Acceptance Fees

 2018-06-18  50



  • Document NumberNo. 450 [2014] of the Higher People's Court of Beijing Municipality
  • Area of Law Public Security
  • Level of Authority Local Judicial Documents
  • Date issued11-15-2014
  • Effective Date11-15-2014
  • Status Effective
  • Issuing Authority Higher People's Court of Beijing Municipality



Opinions of the Higher People's Court of Beijing Municipality on Issues concerning Regulating the Hierarchical Jurisdiction of Contract Disputes and Case Acceptance Fees
(No. 450 [2014] of the Higher People's Court of Beijing Municipality, on November 15, 2014)
I. The hierarchical jurisdiction of contract disputes shall be determined on the basis of the claimed amount of subject matter and case acceptance fees shall be charged on such basis.
II. Where the claim of a party is only confirmation of the validity of a contract, continual performance of a contract, or modification, termination or cancellation of a contract, the total amount of subject matter of the contract shall serve as the claimed amount of subject matter, based on which hierarchical jurisdiction shall be determined and case acceptance fees shall be charged. Where the claim of a party is confirmation of the validity of some contract terms, continual performance of some contractual obligations, or modification or cancellation of some contract terms, the amount of subject matter of the contract involved in the claim shall serve as the claimed amount of subject matter, based on which hierarchical jurisdiction shall be determined and case acceptance fees shall be charged.
Where a party only claims that the other party should perform certain acts, such as delivery of documents and return of seals and account books, case acceptance fees shall be charged on each piece.
III. Where a party concurrently files other claims, including return of property, payment of liquidated damages, and compensation for losses when claiming confirmation of the validity of a contract or modification, termination or cancellation of a contract, hierarchical jurisdiction shall be determined according to the higher claimed amount of subject matter and case acceptance fees shall be charged accordingly.
Where a party claims the continual performance of the contract, the amount of subject matter of the contract involved in the claim plus other claimed amount shall serve as the claimed amount of subject matter, based on which hierarchical jurisdiction shall be determined and case acceptance fees shall be charged.
IV. Where a party files other claims, including return of property, payment of liquidated damages, and compensation for losses, but does not file such claims as confirmation of the validity of the contract, continual performance of the contract, or modification, termination, or cancellation of the contract, the claimed amount shall serve as the claimed amount of subject matter, based on which hierarchical jurisdiction shall be determined and case acceptance fees shall be charged.
V. The term “contract disputes” as mentioned in these Opinions includes traditional civil, commercial, and intellectual property contract disputes.
VI. These Opinions shall come into force on the date of issuance.
VII. These Opinions shall be subject to interpretation by the Case Filing Division of the Higher People's Court of Beijing Municipality.