According to the Administrative Procedure Law
Article 14 stipulates that the basic people's courts shall have jurisdiction over administrative cases of first instance.
Article 15 stipulates that the intermediate people's court shall have jurisdiction over the following administrative cases of first instance:
(1) A case of bringing a lawsuit against the administrative act of the department of the State Council or the local people's government at or above the county level;
(2) Cases handled by the customs;
(3) Major and complicated cases within its jurisdiction;
(4) Cases under the jurisdiction of the Intermediate People's Court as stipulated by other laws.
Article 16 stipulates that the higher people's court shall have jurisdiction over major and complicated administrative cases of first instance within its jurisdiction.
Article 17 stipulates that the Supreme People's Court has jurisdiction over major and complicated administrative cases of first instance nationwide.
Extended data:
Provisions on the jurisdiction of courts in administrative litigation cases;
1. level jurisdiction
The division of administrative cases under the jurisdiction of the court is generally determined by the nature, influence, severity, complexity, difficulty and administrative level of the defendant's unit.
According to the provisions of the Administrative Procedure Law, the Intermediate People's Court has jurisdiction over the following administrative cases of first instance: cases in which the invention patent right is confirmed, cases handled by the customs, and cases in which proceedings are brought against specific administrative acts made by various departments in the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Major and complicated cases within its jurisdiction; The basic people's courts have jurisdiction over all administrative cases of first instance except those that should be under the jurisdiction of the people's courts at higher levels according to law. General administrative litigation cases, the parties to the grass-roots people's court or the intermediate people's court, major and complex cases under the jurisdiction of the higher people's court or the Supreme People's Court.
The parties shall choose which level of people's court to bring a lawsuit to according to the level of the defendant's unit, the social impact of the case and the litigation procedure. For example, if a city public security bureau is sued, the plaintiff can sue in the grassroots people's court; If you want to sue the Ministry of Railways, you must go to Beijing No.1 Intermediate People's Court.
2. Territorial jurisdiction
Generally speaking, administrative cases are under the jurisdiction of the people's court where the administrative organ originally made the specific administrative act. If a party refuses to accept a specific administrative act and brings a lawsuit directly to the people's court without reconsideration, or refuses to accept the reconsideration organ to maintain the original specific administrative act, it may bring a lawsuit to the people's court where the administrative organ that originally made the specific administrative act is located.
If the reconsideration organ changes the original specific administrative act, it will change the facts identified by the original specific administrative act; Changing the laws, regulations or rules applicable to the original specific administrative act; Change the processing result of the original specific administrative act. The plaintiff may bring a suit in the people's court where the administrative organ originally made the specific administrative act, or in the people's court where the reconsideration organ is located.
According to Article 18 of the Administrative Procedure Law, a lawsuit brought against administrative compulsory measures restricting personal freedom shall be under the jurisdiction of the people's court where the defendant is located or where the plaintiff is located. The plaintiff's location includes the plaintiff's domicile, habitual residence and places where personal freedom is restricted.
For example, Liu Liwei, a native of Wenzhou, Zhejiang, has been doing clothing business in Fengtai District all the year round. He was detained for five days by Daxing Branch of Beijing Public Security Bureau for drunkenness and trouble-making. If you refuse to accept the punishment, you can bring a lawsuit to the People's Court of ouhai district, Wenzhou, where your household registration is located.
You can also bring a lawsuit to the People's Court of Fengtai District in Beijing where you live, or to the People's Court of Daxing District where you are detained. Administrative litigation brought by real estate shall be under the jurisdiction of the people's court where the real estate is located.