Article 23 of the Organic Law of People's Republic of China (PRC) stipulates that the intermediate people's courts include:
1. Intermediate people's courts established by regions in provinces and autonomous regions;
2. Intermediate People's Court of the municipality directly under the Central Government;
3. Intermediate People's Courts of provinces and autonomous regions;
4, Autonomous Prefecture Intermediate People's court.
Among them, the "intermediate people's court established in the municipality directly under the central government" in item (2) is usually the first intermediate people's court and the second intermediate people's court established in the district-level grassroots people's court, and so on.
I. Civil cases under the jurisdiction of the Intermediate People's Court
China's intermediate people's courts include: intermediate people's courts established by provinces and autonomous regions according to regions; Intermediate people's courts of municipalities directly under the Central Government; Intermediate people's courts of provinces and autonomous regions; Autonomous Prefecture Intermediate People's Court.
Article 19 of China's Civil Procedure Law stipulates that the Intermediate People's Court shall have jurisdiction over the following civil cases of first instance:
(1) Major foreign-related cases;
(two) cases that have a significant impact in the region;
(3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.
A major foreign-related case refers to a foreign-related case in which the subject matter of the dispute is large, or the case is complicated, or the number of parties living abroad is large. The significant influence in this jurisdiction means that the influence of the case is beyond the jurisdiction of the grass-roots court and has a significant influence within the jurisdiction of the intermediate court or above.
Cases determined by the Intermediate People's Court in the Supreme People's Court include the following categories:
(1), maritime and maritime cases shall be under the jurisdiction of the maritime court. At present, maritime courts have been established in Guangzhou, Xiamen, Shanghai and Wuhan. Maritime courts are all intermediate courts, and the scope of accepting cases is determined by the Supreme Court;
(2) Patent dispute cases, including patent administrative cases and patent civil cases. Patent civil cases include disputes caused by patent infringement, patent transfer and patent license. Patent civil cases are under the jurisdiction of the intermediate courts where the provincial government is located and the intermediate courts in Qingdao, Dalian and various special economic zones;
(3) Major cases involving Hong Kong, Macao and Taiwan.
In addition, according to the Provisions of Beijing Higher People's Court on the Grade Jurisdiction of Beijing People's Courts at All Levels in Accepting Civil and Economic Disputes of First Instance, the jurisdiction of Beijing Intermediate People's Court is as follows:
(1) The Intermediate Court has jurisdiction over the following civil and economic disputes of first instance:
1. Foreign-related, Hong Kong, Macao and Taiwan-related civil cases with a disputed amount of more than 500,000 yuan but less than 80 million yuan;
2. Real estate cases in which the disputed amount is more than 5 million yuan but less than 654.38+0 billion yuan;
3. Other civil cases in which the disputed amount is more than 2.5 million yuan but less than 65.438 billion yuan;
4. Foreign-related, Hong Kong, Macao and Taiwan-related economic disputes with a disputed amount of more than 5 million yuan but less than 80 million yuan;
5. Other economic dispute cases in which the disputed amount is more than 5 million yuan but less than 65.438+0 billion yuan;
6, refuses to accept the municipal labor dispute arbitration committee arbitration of labor dispute cases;
7. Cases that should be tried by our hospital by higher courts according to law.
Two. The Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)
1. A major foreign-related case as stipulated in Item (1) of Article 19 of the Civil Procedure Law refers to a foreign-related case with a large amount of disputed subject matter, or a complicated case, or a large number of parties living abroad.
2. Patent dispute cases shall be under the jurisdiction of the Intermediate People's Court determined by the Supreme People's Court. Maritime and maritime cases shall be under the jurisdiction of the maritime court.
3. The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the provisions of the second paragraph of Article 19 and Article 20 of the Civil Procedure Law, proceed from the local actual situation, and put forward opinions on the level jurisdiction of cases of first instance within their respective jurisdictions according to the complexity of cases, the amount of litigation and the degree of local influence, and report them to the Supreme People's Court for approval.
Extended data
According to the Organic Law of People's Republic of China (PRC) People's Court:
Intermediate people's courts include: intermediate people's courts established by provinces and autonomous regions according to regions; Intermediate people's courts of municipalities directly under the Central Government; Intermediate people's courts of provinces and autonomous regions; Autonomous Prefecture Intermediate People's Court. Jurisdiction over major foreign-related cases; Cases with great influence in the region; Cases determined by the Intermediate People's Court in the Supreme People's Court.
Chapter II Establishment and Powers of the People's Courts
Article 12 People's courts are divided into:
(1) the Supreme People's Court;
(2) Local people's courts at various levels;
(3) Special people's courts.
Article 13 Local people's courts at all levels are divided into higher people's courts, intermediate people's courts and basic people's courts.
Article 14 The organization of the People's Court of Xinjiang Production and Construction Corps, the jurisdiction of cases and the appointment and removal of judges shall be implemented in accordance with the relevant provisions of the NPC Standing Committee.
Article 15 Special people's courts include military courts, maritime courts, intellectual property courts and financial courts.
The establishment, organization, functions and powers of special people's courts and the appointment and removal of judges shall be stipulated by the NPC Standing Committee.
Article 16 the Supreme People's Court shall try the following cases:
(a) cases of first instance that are under their own jurisdiction according to law and that they should be under their own jurisdiction;
(2) Cases of appeal or protest against the judgment or ruling of the Higher People's Court;
(3) Complaints and protests filed in accordance with the provisions of the NPC Standing Committee;
(4) retrial cases filed in accordance with the procedure of trial supervision;
(5) Death penalty cases submitted for approval by the Higher People's Court.
Article 17 Unless the death penalty is pronounced by the Supreme People's Court according to law, it shall be submitted to the Supreme People's Court for approval.
Article 18 the Supreme People's Court may interpret issues that belong to the specific application of law in judicial work.
The Supreme People's Court can issue guiding cases.
Nineteenth the Supreme People's Court can set up a circuit court to hear cases determined by the Supreme People's Court according to law.
The Circuit Court is an integral part of the Supreme People's Court. The judgments and rulings of the Circuit Court are those of the Supreme People's Court.
Article 20 The Higher People's Court includes:
(1) Provincial Higher People's Court;
(2) Higher People's Court of the Autonomous Region;
(3) Higher People's Courts of municipalities directly under the Central Government.
Article 21 The Higher People's Court shall hear the following cases:
(a) cases of first instance under the jurisdiction of the law;
(2) Cases of first instance brought before a lower people's court;
(3) Cases of first instance designated by the Supreme People's Court;
(4) Cases of appeal or protest against the judgment or ruling of the Intermediate People's Court;
(five) retrial cases filed in accordance with the procedure of trial supervision;
(6) Death penalty cases submitted for review by the Intermediate People's Court.
Article 22 Intermediate people's courts include:
(1) Intermediate People's Courts of provinces and autonomous regions;
(2) Intermediate People's Courts of municipalities directly under the Central Government;
(3) Intermediate People's Court of Autonomous Prefecture;
(4) Intermediate People's Courts established by provinces and autonomous regions.
Article 23 The Intermediate People's Court shall hear the following cases:
(a) cases of first instance under the jurisdiction of the law;
(2) Cases of first instance submitted to the basic people's court for trial;
(3) Cases of first instance under the jurisdiction designated by the people's court at a higher level;
(4) Cases of appeal or protest against the judgment or ruling of the basic people's court;
(5) retrial cases filed in accordance with the procedure of trial supervision.
Article 24 The basic people's courts include:
(1) People's courts of counties and autonomous counties;
(2) A municipal people's court without districts;
(3) People's courts of municipal districts.
Twenty-fifth basic people's courts try cases of first instance, except as otherwise provided by law.
The basic people's courts provide professional guidance to the mediation work of the people's mediation committees.
Article 26 The basic people's courts may establish a number of people's courts according to regions, populations and cases.
The people's court is an integral part of the grass-roots people's court. The judgments and rulings of the people's courts are those of the grassroots people's courts.
Article 27 The people's court may establish necessary professional courts according to the needs of judicial work. Intermediate people's courts and grass-roots people's courts with fewer judges may have comprehensive courts or no courts.
The people's court may establish a comprehensive business institution according to the needs of judicial work. Intermediate people's courts and grass-roots people's courts with fewer judges may not set up comprehensive business institutions.
Article 28 The people's court may set up necessary auxiliary judicial organs and administrative organs according to the needs of work.
Chapter III Judicial Organization of the People's Courts
Article 29 A people's court shall try a case by a collegial panel or a judge alone.
The scope of cases to be tried by the collegial panel and judges alone shall be prescribed by law.
Article 30 A collegial panel shall be composed of judges or judges and people's jurors, with an odd number of three or more members.
The collegial panel is presided over by a judge. When the president or the presiding judge participates in the trial of a case, he shall personally serve as the presiding judge.
The presiding judge presides over the trial and organizes the deliberation of the case, and enjoys the same rights as other members of the collegial panel when deliberating the case.
Article 31 When deliberating a case, the collegial panel shall make a decision according to the opinions of the majority, and the opinions of the minority shall be recorded in the record. The record of the deliberation case shall be signed by all members of the collegial panel.
Article 32 A written judgment formed by a collegial panel or a sole judge in handling a case shall be signed by the members of the collegial panel or the sole judge and published by the people's court.
Article 33 When a collegial panel hears a case, the judge shall be responsible for ascertaining the facts and applying the law. Judges are solely responsible for hearing cases, and sole judges are responsible for ascertaining the facts of cases and applying laws.
People's courts should strengthen internal supervision. If there are illegal cases in judicial activities, they should be investigated and verified in time and dealt with according to the law and regulations.
Article 34 People's jurors shall participate in the collegial panel to hear cases according to law.
Article 35 The people's courts at or above the intermediate level shall set up compensation committees to hear state compensation cases according to law.
The compensation committee consists of more than three judges with an odd number, and makes decisions according to the opinions of the majority.
Article 36 People's courts at all levels shall establish judicial committees. The Judicial Committee consists of the President, the Vice-President and a number of senior judges, with an odd number of members.
The meeting of the judicial committee is divided into plenary meeting and professional committee meeting.
The people's court at or above the intermediate level may, according to the needs of judicial work and the specialization and division of labor of the members of the judicial committee, convene meetings of professional committees such as criminal trials and civil administrative trials.
Baidu Encyclopedia-People's Republic of China (PRC) Organic Law