competence of court

1. What is the jurisdiction of the courts at all levels?

(1) The basic people's courts shall have jurisdiction over ordinary criminal cases of first instance, except cases under the jurisdiction of the people's courts at higher levels according to this Law.

(2) The Intermediate People's Court has jurisdiction over the following criminal cases of first instance:

1, case of endangering national security and terrorist activities;

2 cases that may be sentenced to life imprisonment or death penalty.

The people's procuratorate believes that ordinary criminal cases that may be sentenced to life imprisonment or death penalty may be prosecuted in the intermediate people's court. If the intermediate people's court believes that it is not necessary to impose a penalty of life imprisonment or more after accepting it, it may try it according to law and not transfer it to the grassroots people's court for trial.

3. Criminal cases of foreigners committing crimes.

(3) The criminal cases of first instance under the jurisdiction of the Higher People's Court are major criminal cases in the whole province (autonomous regions and municipalities directly under the Central Government).

(4) The criminal cases of first instance under the jurisdiction of the Supreme People's Court are major national criminal cases.

Second, the legal effect of exclusive jurisdiction

Exclusive jurisdiction, also known as special jurisdiction, refers to the division of labor between special people's courts and ordinary people's courts, between special people's courts and within the system of similar people's courts in trying cases of first instance. Specialized jurisdiction and division of labor in criminal proceedings: cases of crimes committed by active servicemen and internal staff are under the jurisdiction of military courts; Cases detected by the public security organs of the railway system shall be under the jurisdiction of the railway transport court.

Division of exclusive jurisdiction of civil litigation: the litigation brought by real estate disputes shall be under the jurisdiction of the people's court where the real estate is located; A lawsuit brought for a port operation dispute shall be under the jurisdiction of the people's court where the port is located; A lawsuit brought in connection with an inheritance dispute shall be under the jurisdiction of the people's court in the place where the decedent died or where the main heir lived. The legal effect of exclusive jurisdiction:

(1) Specialized courts have jurisdiction over cases within their exclusive jurisdiction;

(2) The jurisdiction of special courts over cases under their exclusive jurisdiction comes from the provisions of the law;

(3) excluding the jurisdiction of other courts over cases with special jurisdiction;

(4) Exclusive jurisdiction is stipulated by law and legal, and the parties cannot exclude exclusive jurisdiction through agreement.