Hierarchical jurisdiction refers to the division of labor and authority between the lower people's court and the higher people's court in accepting cases of first instance according to the organizational system of the court.
1. Basic people's courts have jurisdiction over administrative cases of first instance;
2. The Intermediate People's Court has jurisdiction over the following administrative cases of first instance:
(1) Confirmation of invention patent cases and customs handling;
(two) cases of litigation against specific administrative acts of various departments in the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the central government;
(3) Major and complicated cases in the region:
The defendant is a case that the people's government at or above the county level and the grassroots people's court is not suitable for trial;
(2) * * * Litigation and class action cases with significant social impact;
Major foreign-related cases or cases involving Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province;
④ Other major and complicated cases.
3. The Higher People's Court has jurisdiction over major and complicated administrative cases of first instance within its jurisdiction;
4. the Supreme People's Court has jurisdiction over major and complicated administrative cases of first instance within the scope of China;
(3) Regional jurisdiction
Territorial jurisdiction, also known as territorial jurisdiction, refers to the division of labor and authority between courts at the same level to accept cases of first instance within their respective jurisdictions.
1. General territorial jurisdiction
In administrative litigation, the division of case jurisdiction according to the location of the administrative organ that initially made the specific administrative act is called general territorial jurisdiction, and sometimes it is also called universal territorial jurisdiction.
2. Special territorial jurisdiction
The special territorial jurisdiction of administrative litigation refers to the special jurisdiction listed by law for special cases.
Two specific situations:
(1) A lawsuit brought against an administrative compulsory measure that restricts personal freedom shall be under the jurisdiction of the people's court where the defendant is located or where the plaintiff is located.
When the parties choose one of them to bring a lawsuit, according to the provisions of administrative litigation jurisdiction in China, they can bring a lawsuit to the same court for personal loss and property loss caused by administrative acts, instead of bringing a lawsuit separately.
(2) A lawsuit brought on immovable property shall be under the jurisdiction of the people's court where the immovable property is located.
3.*** Same geographical jurisdiction
* * * The same territorial jurisdiction means that when two or more people's courts have jurisdiction over the same case, the plaintiff can choose one of them to prosecute.
* * * Same territorial jurisdiction is a supplementary jurisdiction derived from general territorial jurisdiction and special territorial jurisdiction.
Legal basis:
Article 14 of the Administrative Procedure Law of the People's Republic of China governs administrative cases of first instance.
Article 15 The Intermediate People's Court shall have jurisdiction over the following administrative cases of first instance:
(1) Cases of bringing lawsuits against administrative acts of various departments in the State Council or local people's governments 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 The Higher People's Court shall have jurisdiction over major and complicated administrative cases of first instance within its jurisdiction.
Article 17 the Supreme People's Court has jurisdiction over major and complicated administrative cases of first instance nationwide.
Article 18 An administrative case shall be under the jurisdiction of the people's court where the administrative organ that originally made the administrative act is located. A case after reconsideration may also be under the jurisdiction of the people's court where the reconsideration organ is located.
With the approval of the Supreme People's Court, the Higher People's Court may, according to the actual situation of trial work, determine that a number of people's courts have jurisdiction over administrative cases across administrative regions.