Pilot Program of the Reform of Centralized Jurisdiction over Civil and Commercial Cases across Administrative Divisions
2018-06-17 1069
- Area of Law: Civil Litigation
- Level of Authority: Local Judicial Documents
- Date issued:04-07-2017
- Effective Date:04-07-2017
- 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