Standards for Jurisdiction of Three Levels of Courts of Beijing over Civil and Commercial Cases

 2018-06-20  840


· Document Number:No. 270 [2011] of the Higher People’s Court of Beijing

· Area of Law: State Organs

· Level of Authority: Local Judicial Documents

· Date issued:08-16-2011

· Effective Date:08-16-2011

· Status: Effective

· Issuing Authority: Higher People's Court of Beijing Municipality

 

Notice of the Higher People's Court of Beijing on Adjusting the Standards for Jurisdiction of Three Levels of Courts of Beijing over Civil and Commercial Cases of the First Instance and Enforcement Cases of the Higher People's Court
(No. 270 [2011] of the Higher People's Court of Beijing, August 16, 2011)
The No. 1 Intermediate People's Court and the No. 2 Intermediate People's Court of Beijing; the Beijing Railway Transport Intermediate Court; the people's courts of all districts and counties; and the Beijing Railway Transport Court,
In accordance with paragraph 1 of Article 39 of the Civil Procedure Law of the People's Republic of China and the spirit of Several Opinions on Further Strengthening and Regulating the Enforcement Work, the Notice on Submitting the Adjustment Plans for the Standards for Hierarchical Jurisdiction over Civil and Commercial Cases and other documents of the Supreme People's Court, and in light of the trial practices of the courts of Beijing, we hereby adjust the standards for the hierarchical jurisdiction of the courts of Beijing over civil and commercial cases of the first instance and enforcement cases of the Higher People's Court for your diligent compliance and implementation.
The specific adjustment plans shall be as follows:
I. The grassroots courts shall have jurisdiction over the following civil and commercial cases of the first instance:
1. The people's court of a district or county or the Railway Transport Court shall have jurisdiction over a civil or commercial case of the first instance where the subject matter of the action has a value of less than 100 million yuan; and
2. Cases on marriage, inheritance, family, property services, personal injury compensation, traffic accident, labor disputes and group disputes.
II. Intermediate people's courts shall have jurisdiction over the following civil and commercial cases of the first instance:
1. A civil or commercial case of the first instance where the subject matter of the action has a value of more than 100 million yuan; and
2. A civil or commercial case of the first instance where the subject matter of the action has a value of more than 50 million yuan and the domicile of one party to the case is outside the territorial jurisdiction of Beijing.
III. The Higher People's Court shall have jurisdiction over civil and commercial cases of the first instance which have significant impacts in its territorial jurisdiction.
IV. The Higher People's Court shall no longer accept enforcement cases.
V. For major and difficult cases, a case of a new type or a case which has universal significance in the application of law, the people's court at a higher level may decide to try the case at its own discretion or decide to hear a case upon application of the court at the next lower level.
VI. For civil and commercial cases where a foreign, Hong Kong, Macao or Taiwan element is involved, as well as intellectual property cases subject to centralized jurisdiction, the existing provisions on jurisdiction shall still apply.
VII. The term “more than” as mentioned in this Notice shall include the figure following it, and the term “less than” as mentioned shall not include the figure following it.
These adjustment plans shall first be issued for pilot implementation among the three levels of courts of Beijing, and shall come into force on the date of issuance. If there is any discrepancy between the provisions previously formulated by this Court on hierarchical jurisdiction over civil and commercial cases of the first instance accepted by the courts of Beijing and these plans, these plans shall prevail.
If you encounter any problems during implementation, please report them to the Case Acceptance Tribunal of the Higher People's Court in a timely manner.