Regulating the Hierarchical Jurisdiction of Contract Disputes and Case Acceptance Fees
2018-06-18 984
- Document Number:No. 450 [2014] of the Higher People's Court of Beijing Municipality
- Area of Law: Public Security
- Level of Authority: Local Judicial Documents
- Date issued:11-15-2014
- Effective Date:11-15-2014
- 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.