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The Supreme People's Court Adjusts the Standards for Civil and Commercial Cases of First Instance at High and Intermediate People's Courts
[2015-05-03]

For correct application of relevant provisions on court-level jurisdiction included in the Civil Procedure Law after its modification and reasonable orientation of the trial functions for civil and commercial cases of the people's courts at the fourth level, the Supreme People's Court has recently issued a notice on adjusting the standards for civil and commercial cases of first instance in the charge of high and intermediate people's courts, which has taken effect from May 1, 2015.   

The Notice specifies that the civil and commercial cases of first instance where the domicile of both the parties concerned are located in the provincial administrative jurisdiction of the case-accepting court shall be conducted as follows: the cases involving a litigation subject value of over RMB500 million shall be in the jurisdiction of the high people's courts of Beijing, Shanghai, Jiangsu, Zhejiang and Guangdong, and the cases involving a litigation subject value of over RMB100 million shall be in the jurisdiction of their subordinate intermediate people's courts; the cases involving a litigation subject value of over RMB300 million shall be in the jurisdiction of the high people's courts of Tianjin, Hebei, Shanxi, Inner Mongolia, Liaoning, Anhui, Fujian, Shandong, Henan, Hubei, Hunan, Guangxi, Hainan, Sichuan and Chongqing, and the cases involving a litigation subject value of over RMB30 million shall be in the jurisdiction of their subordinate intermediate people's courts; the cases involving a litigation subject value of over RMB200 million shall be in the jurisdiction of the high people's courts of Jilin, Heilongjiang, Jiangxi, Yunnan, Shaanxi and Xinjiang as well as the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region, and the cases involving a litigation subject value of over RMB10 million shall be in the jurisdiction of their subordinate intermediate people's courts; the cases involving a litigation subject value of over RMB100 million shall be in the jurisdiction of the high people's courts of Guizhou, Tibet, Gansu, Qinghai and Ningxia; and the cases involving a litigation subject value of over RMB5 million shall be in the jurisdiction of their subordinate intermediate people's courts.  

The Notice points out the civil and commercial cases of first instance where the domicile of one of the parties concerned is not located in the provincial administrative jurisdiction of the case-accepting court shall be conducted as follows: the case involving a litigation subject value of over RMB300 million shall be in the jurisdiction of the high people's courts of Beijing, Shanghai, Jiangsu, Zhejiang and Guangdong, and the cases involving a litigation subject value of over RMB50 million shall be in the jurisdiction of their subordinate intermediate people's courts; the cases involving a litigation subject value of over RMB100 million shall be in the jurisdiction of the high people's courts of Tianjin, Hebei, Shanxi, Inner Mongolia, Liaoning, Anhui, Fujian, Shandong, Henan, Hubei, Hunan, Guangxi, Hainan, Sichuan and Chongqing, and the cases involving a litigation subject value of over RMB20 million shall be in the jurisdiction of their subordinate intermediate people's courts; the cases involving a litigation subject value of over RMB50 million shall be in the jurisdiction of the high people's courts of Jilin, Heilongjiang, Jiangxi, Yunnan, Shaanxi and Xinjiang as well as the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region; the cases involving a litigation subject value of over RMB10 million shall be in the jurisdiction of their subordinate intermediate people's courts; the cases involving a litigation subject value of over RMB20 million shall be in the jurisdiction of the high people's courts of Guizhou, Tibet, Gansu, Qinghai and Ningxia; and the cases involving a litigation subject value of over RMB5 million shall be in the jurisdiction of their subordinate intermediate people's courts.

The Notice also points out that the civil and commercial cases of first instance involving a litigation subject value of over RMB100 million shall be in the jurisdiction of the Military Court of the Liberation Army, and those involving a litigation subject value of over RMB20 million shall be in the jurisdiction of the military courts of large units.

As is also made clear by the Notice, the cases concerning disputes over marriage, inheritance, household, property service, compensation for personal injury, reputation right, traffic accidents and labor as well as group disputes are generally under the jurisdiction of the grassroots people's courts. Those cases of major complexity, new type or general significance can be tried according to Article 38 of the Civil Procedure Law by the superior people's courts at their own discretion or by the people's courts at a lower level based on the decision made by the superior courts upon their requests.  

The Notice emphasizes that the level-based jurisdiction standards of this adjustment does not involve cases concerning intellectual property rights, maritime affairs or maritime trade, or civil and commercial cases involving parties from foreign countries, Hong Kong SAR, Macao SAR and Taiwan of China.  

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The English version of this article, which is translated from the Chinese version by CTPC, is for reference only and shall be subject to the corresponding contents on the Chinese webpage.
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