The Hunan Provincial Higher People's Court of the people's courts at all levels accepted the first instance of civil and commercial cases jurisdiction provisions
The Hunan Provincial Higher People's Court of the people's courts at all levels accepted the first instance of civil and commercial cases jurisdiction provisions
Created:
/Author:
Aaron Lewis
Article 1In order to facilitate the parties to litigation, improve the trial efficiency, order norms governing people's court case, strengthen supervision and guidance to the people's court at a lower level civil trial work, according to the "PRC Civil Procedure Law" and the provisions of the relevant judicial explanation, these Provisions are formulated.
Article secondThe grade jurisdiction shall comply with the following principles:
(a) facilitate the parties to litigation, convenient court;
(two) on the lower court division equilibrium;
(three) the circumstances of the case and the trial of strength to adapt;
(four) in most cases shall be under the jurisdiction of courts at the grassroots level, complex, difficult cases shall be under the jurisdiction of the court.
Article thirdThe basic people's courts shall have jurisdiction over the following civil and commercial cases of first instance:
(a) all persons within the jurisdiction of personal injury compensation disputes, neighborhood disputes, labor disputes, marriage and family relations and in case law on securities market caused by false statement civil tort compensation disputes and judicial interpretation of the provisions on jurisdiction by the intermediate people's court case type outside the group litigation;
(two) the payment of all the cases within the jurisdiction, the public summons case, a property as ownerless, declared missing, declaration of death cases, the determination of a citizen as no capacity for civil conduct, limiting case of civil action competence;
(three) the county (District, city) approval of registration of enterprise bankruptcy cases, the administrative authority for Industry and commerce;
(four) through the superior people's court shall specify or other people's court according to the civil and commercial disputes;
(five) Changsha Tianxin District People's court jurisdiction in this area within the scope of the subject of controversy in the amount of 3000000 yuan of trademark right, copyright, unfair competition and technology contract dispute case;
(six) the court of Changsha City jurisdiction dispute in the amount of 3000000 yuan, the grass-roots court of Yueyang City, Hengyang City, Zhuzhou City, Xiangtan City, Changde City, Chenzhou City, the admissibility of the dispute in the amount of 1500000 yuan the following, the grass-roots court of Yiyang City, Shaoyang City, Zhangjiajie City, Huaihua City, Loudi City, Yongzhou City, Xiangxi Tujia and Miao Autonomous Prefecture jurisdiction dispute in the amount of 1200000 yuan of the following other civil and commercial disputes.
Article fourthThe intermediate people's courts shall have jurisdiction over the following civil and commercial cases of first instance:
(a) the city (state) within the city (state) the administrative department for Industry and commerce or the provincial administrative authority for Industry and Commerce approved the registration of enterprise bankruptcy cases, the company and the enterprise bankruptcy cases under state plans;
(two) the city (state) request for withdrawal of the case and apply for arbitration clause arbitration invalid case;
(three) through the superior people's court shall specify or other people's court according to the civil and commercial disputes;
(four) the city (state) amount of target of 30000000 yuan in the following cases:
1.Trademark disputes;
2.Relates to the domain name disputes of intellectual property rights;
3.Copyright dispute cases;
4.Cases of technology contract;
5.Futures disputes.
(five) the following types of dispute in the amount of 30000000 yuan of the following cases by Changsha City Intermediate People's court centralized jurisdiction:
1.Cases involving the layout design within the province;
2.In addition to outside of Zhuzhou, the other cities (state) patent disputes;
3.The range of new varieties of plants disputes;
4.The range of securities market caused by false statement civil tort compensation disputes.
(six) the Zhuzhou City Intermediate People's Court of the city within the scope of the subject in the amount of 30000000 yuan of patent disputes;
(seven) except in the (a) to (six) and other civil and commercial cases jurisdiction shall be determined according to the following criteria:
1.Changsha City Intermediate People's court jurisdiction dispute in the amount of 3000000 yuan of above 40000000 yuan of the following cases;
2.Yueyang City, Hengyang City, Zhuzhou City, Xiangtan City, Changde City, Chenzhou City Intermediate People's court jurisdiction dispute in the amount of 1500000 yuan of above 35000000 yuan of the following cases;
3.Yiyang City, Shaoyang City, Zhangjiajie City, Huaihua City, Loudi City, Yongzhou City, Xiangxi Tujia and Miao Autonomous Prefecture intermediate people's court jurisdiction dispute in the amount of 1200000 yuan of above 30000000 yuan of the following cases.
Article fifthThe higher people's court shall have jurisdiction over the following civil and commercial cases of first instance:
(a) the subject of controversy in the amount of 30000000 yuan of above, intellectual property disputes, disputes cases of technology contract dispute cases of futures, securities market caused by false statement civil tort compensation disputes;
(two) relates to Changsha City, Zhuzhou City, Xiangtan City, Chenzhou City, Hengyang City, Huaihua City, Yueyang City, Yiyang city within the scope of the subject of controversy in the amount of 30000000 yuan more than the foreign and Hong Kong, Macao, Taiwan cases, involving other city (state) the subject of controversy in the amount of more than 20000000. Foreign and Hong Kong, Macao, Taiwan cases;
(three) relates to the amount of target in Changsha City, more than 40000000 yuan, involving the city of Yueyang, Hengyang City, Zhuzhou City, Xiangtan City, Changde City, Chenzhou City, the subject of controversy in the amount of 35000000 yuan of above, including Yiyang, Shaoyang, Zhangjiajie City, Huaihua City, Loudi City, Yongzhou City, Xiangxi province family disputes and Miao Autonomous Prefecture in the amount of 30000000 yuan more than in the other civil and commercial cases.
(four) assigned by the Supreme People's court cases.
Article SixthThe jurisdiction of foreign and Hong Kong, the following types of cases of Macao, Taiwan respectively by Changsha City, Zhangjiajie City, Yongzhou City Intermediate People's Court of concentration:
(a) the contract and tort disputes;
(two) letters of credit disputes;
(three) for the revocation, the recognition and enforcement of international arbitral cases;
(four) review of the foreign-related civil and commercial arbitration clause cases;
(five) apply for recognition and enforcement of foreign judgments in civil and commercial matters, ruled that the case.
Relates to Changsha City, Zhuzhou City, Xiangtan City, Chenzhou City, Hengyang City, Huaihua City, Yueyang City, Yiyang city within the scope of the subject of controversy in the amount of 30000000 yuan from the Changsha City Intermediate People's court.
Zhangjiajie City, Changde City, involving the scope of Xiangxi Tujia and Miao Autonomous Prefecture and the subject of controversy in the amount of 20000000 yuan in the Zhangjiajie City Intermediate People's court.
Under the jurisdiction of Yongzhou City, Shaoyang City, to Loudi city within the scope and the subject of controversy in the amount of 20000000 yuan by the Yongzhou City Intermediate People's court.
Article seventhShould the new types of cases handled by the people's court at a lower level or complex, difficult cases, if a people's court at first hearing within 5 days after a higher people's court Lianting submitted by a higher people's court trial, the people's court at a higher level on the court should be in receipt of materials from the date within 15 days to decide whether to arraignment.
A higher people's court filing Tribunal for decision, shall solicit the opinions of the relevant court.
Article eighthApplication by a people's court at a higher level within 15 days of the cross jurisdictional cases may be served in the indictment of the day, the people's court at a higher level shall receive materials from the date within 30 days to decide whether to arraignment.
The plaintiff requested under the jurisdiction of the people's court at a higher level to cross area, also should change to the original jurisdiction of the court and then according to the provisions of the preceding paragraph application.
Article ninthThe term "above" includes the number, called the "following" does not include the number of.
Article tenthIn addition to the provisions of the five cases listed sixth outside of the foreign and Hong Kong, Macao, Taiwan's first instance cases no further provisions of jurisdiction, in accordance with the standards of other civil and commercial cases respectively by the grassroots people's court, the intermediate people's courts and the higher people's court jurisdiction.
Article eleventhThese Provisions shall go into effect as of April 1, 2006.This provision has been accepted before the implementation of the cases accepted by the people's court to continue hearing.
In the implementation, such as the conflict with the law and legislative interpretation, judicial interpretation, legal and legislative interpretation, judicial interpretation shall prevail.