Filing court
○ Criminal Trial Chamber I
○ Second Criminal Trial Chamber
○ the first court of civil trial
○ The Second Chamber of Civil Trial
○ The third court of civil trial
The fourth civil court
Administrative court
Trial supervision court
Executive office
lab
Provincial Higher People's Court
Take Guangdong Higher People's Court as an example:
The Higher People's Court of Guangdong Province has established trial institutions such as case trial court, first criminal trial court, second criminal trial court, first civil trial court, second civil trial court, third civil trial court, fourth civil trial court, administrative trial court, trial supervision court, executive board, clerk's office, judicial police corps and judges' college. It has jurisdiction over 23 intermediate courts (including maritime courts and railway transport intermediate courts as specialized courts) and 6,500 grass-roots courts.
Local intermediate people's court
Take Guangzhou Intermediate People's Court as an example:
Criminal division of filing court 1 criminal division 2
Civil Court 1 Civil Court 2 Civil Court 3
Civil court, no.4 administrative court, trial supervision court
executive board
(a) filing court (Guangzhou Intermediate People's Court petition room brand)
Responsible for the filing and trial process management of various cases in municipal courts, review all kinds of appeals and retrial applications that are dissatisfied with the effective judgment of municipal courts, and decide whether to file a case if the grass-roots courts reject the review, retrial and change the sentence or not; Review the application for property and evidence preservation in pre-litigation and filing stage and make a ruling, execute the ruling on property preservation, collect and retrieve all kinds of litigation materials, and serve relevant legal documents; Hearing jurisdictional objections, jurisdictional disputes, appeals against inadmissibility decisions and other procedural cases; Examining cases in which the parties have objections to the validity of the arbitration agreement and request the court to make a ruling; Accounting for legal fees, handling the formalities of reducing or exempting legal fees, and being responsible for letters and visits and judicial assistance applications.
(two) the first court of criminal trial (juvenile criminal court and its office)
To try cases of first and second instance such as crimes against national security, crimes against public security, crimes against citizens' personal rights and democratic rights, crimes against social management order and crimes against national defense interests; To hear cases that are sentenced to a penalty below the statutory penalty as stipulated in the second paragraph of Article 63 of the Criminal Law; To try criminal cases in which the defendant in the first and second instance is under the age of 18; Participate in the comprehensive management of juvenile delinquency prevention and try cases related to our business.
(3) The Second Division of Criminal Trial
To try the first and second instance cases of crimes against the socialist market economic order, crimes against property, crimes of corruption and bribery, crimes of dereliction of duty and foreign-related criminal cases; To hear cases in which the penalty is lower than the statutory penalty.
(4) the first court of civil trial
To try civil cases such as marriage, family and inheritance related to personal relations in the first and second instance; Hearing labor dispute cases; Trial of natural persons (including individual industrial and commercial households), contracts between natural persons and legal persons and other organizations, infringement cases, unjust enrichment, negotiorum gestio and other civil cases; To hear cases applying for cancellation of relevant arbitration and cases applying special procedures; To hear cases applying for recognition of divorce judgments of foreign courts and civil judgments of local courts in Taiwan Province Province; To examine and approve the application of the basic people's court for extending the trial period of the case; Handling relevant reconsideration cases; To guide the trial work of the people's courts.
(5) The second court of civil trial.
Trial of first instance and second instance between domestic legal persons; Civil contract disputes, civil tort disputes and rural contract disputes between legal persons and other organizations; Trial of domestic securities, futures, bills, equity, companies, bankruptcy and other first-and second-instance cases; To hear cases applying for cancellation of domestic arbitration; Handling relevant reconsideration cases; Examining and approving the application of the basic people's court to extend the trial period of relevant cases.
(6) The third court of civil trial.
Trial of first-instance intellectual property cases such as copyright (including computer software) and neighboring rights of works, trademark rights, patent rights, technology contracts, unfair competition, rights to scientific and technological achievements, rights to new varieties of plants, layout-design disputes of integrated circuits, and computer network domain name disputes; To hear foreign-related and Hong Kong, Macao and Taiwan-related contracts and infringement cases between legal persons in the first and second instance and between legal persons and other organizations, foreign-related and Hong Kong, Macao and Taiwan-related cases such as securities, futures, bills, companies, equity and bankruptcy, and letters of credit cases; Examining cases applying for cancellation, recognition and enforcement of international arbitral awards and judgments of foreign courts; Examining the validity cases of foreign-related arbitration clauses; Handle relevant reconsideration cases; Hearing foreign-related cases of second instance in the court of Guangzhou Economic and Technological Development Zone; Hearing foreign-related civil cases in other areas designated by the Provincial Higher People's Court; Examining and approving the application of the basic people's court to extend the trial period of relevant cases.
(7) the fourth court of civil trial
Trial of real estate cases in the first and second instance (including housing sale, gift, lease, pre-sale, mortgage, land acquisition, demolition, development contract cases caused by direct court prosecution or non-performance of contracts, land use right transfer and transfer contract cases, construction project contract cases, etc.). ), cases of adjacent relationship of real estate, cases of adjacent land use rights and other real estate cases (including water conservancy, grasslands, beaches, railways, airports, highways, etc.). )
(8) Administrative Tribunal (Guangzhou Intermediate People's Court Compensation Committee Office)
To hear administrative cases of first and second instance and administrative compensation cases; To be responsible for reviewing the legality of non-litigation administrative enforcement cases and making a ruling on whether to approve the enforcement; Handling cases for instructions from grass-roots people's courts; Handling relevant reconsideration cases; Handling criminal and non-criminal judicial compensation cases that should be accepted by the compensation Committee of our hospital according to law; Responsible for the daily affairs of the Remuneration Committee and implement the matters decided by the Remuneration Committee.
(9) Trial supervision court
To hear cases in which Guangdong Provincial People's Procuratorate protested against various effective judgments of our hospital; To hear cases in which superior courts order retrial of all kinds of effective judgments in our court; Review the appeal cases against the decision confirmed by the grass-roots courts and the cases of commutation and parole of criminals with fixed-term imprisonment; Responsible for the confirmation of state compensation in municipal courts; Review and handle all kinds of trial supervision cases that have taken legal effect in our hospital and meet the conditions for filing after review; Review and handle criminal, civil and administrative trial supervision cases that continue to appeal to our court and apply for retrial after the review or retrial of the grass-roots court is rejected; To examine and handle criminal, civil and administrative trial supervision cases that have not been examined by grass-roots courts but meet the conditions for filing; Check and evaluate cases; Review and handle criminal, civil and administrative trial supervision cases assigned by hospital leaders and higher authorities who refuse to accept the effective judgment.
executive board
Assist the provincial courts in unified management and coordination of the implementation of the city's courts. Administer the first, second and third enforcement courts.
(10) First Executive Court
To study and put forward the overall deployment of the court execution work in the city, and grasp the dynamics of the court execution work in the city; Responsible for secretarial work, meetings, research, letters and visits, archives and other work of the Executive Board; Responsible for the implementation of judicial statistics of cases; Responsible for the implementation of objection review cases, research and answer the applicable legal issues in the implementation; Cooperate with the cadre management department to assist in the management of the director of the executive board of the grassroots people's court.
(eleven) the implementation of the second court
Responsible for the execution of civil administrative cases of first instance, entrusted execution cases and non-litigation administrative execution cases that have come into effect in our hospital; Cases of enforcing judgments and rulings of foreign courts and international arbitral awards; Examining and accepting applications for enforcement of non-litigation cases; Unified deployment of the city's court enforcement forces and equipment, unified organization of the city's court enforcement and special enforcement actions; Handling of group emergencies in execution.
(12) Administrative Court
To manage cases entrusted for execution between this Municipality and foreign courts, and be responsible for coordinating the execution of disputed cases between this Municipality and foreign courts and local courts; Responsible for coordinating differences or disputes between local departments and units that have the obligation to assist in the execution of cases; Urge the lower courts to implement relevant cases and cases that have not been closed for a long time; Correcting cases of illegal execution and wrong execution by lower courts; According to the actual needs, appoint the courts and lower courts to execute cases; Propose and organize the implementation of cases that need to be upgraded.