According to Article 17 of the Civil Procedure Law: "The basic people's courts shall have jurisdiction over civil cases of first instance, except as otherwise provided by this Law." It can be seen that civil cases of first instance are generally under the jurisdiction of grass-roots courts, unless otherwise provided for in this Law. In addition, the "Reply of the Supreme People's Court on Several Issues Concerning Case-level Jurisdiction" determines the principle of unchanging jurisdiction, and the specific contents are as follows:
1. If both parties or one party fails to perform the contractual obligations, a dispute will arise and a lawsuit will be filed. If the parties explicitly request full performance of the contract in the litigation request, the total amount of the contract plus the amount of other requests shall be taken as the amount of the litigation object, and the level jurisdiction shall be determined accordingly; If a party requests to terminate the contract in a lawsuit, it shall determine the amount of the subject matter of the lawsuit according to the specific amount of the lawsuit, and determine the level jurisdiction accordingly.
2. If the parties increase their claims in litigation, thereby increasing the amount of the subject matter of litigation, resulting in the amount of the subject matter of litigation exceeding the jurisdiction of the Court of Appeal, it will generally not be changed. However, unless the parties deliberately evade the relevant provisions of hierarchical jurisdiction!
In accordance with the provisions of hierarchical jurisdiction, if a case that should be under the jurisdiction of a people's court at a higher level is transferred to a people's court at a lower level for trial, the people's court at a lower level shall not transfer it to a people's court at a lower level for trial.
Two. Civil cases under the jurisdiction of the Intermediate People's Court:
According to the provisions of Article 18 of the Civil Procedure Law, the civil cases under the jurisdiction of the Intermediate People's Court are:
1, major foreign-related cases;
2. Cases with significant influence in the region;
3, the Supreme People's Court to determine the cases under the jurisdiction of the intermediate people's court.
According to 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), a major foreign-related case here 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.
In addition, the civil litigation cases of first instance under the jurisdiction of the Intermediate People's Court include:
1. For example, the Reply of the Supreme People's Court on the Question of Which Level People's Court Should Jurisdiction over the Validity of the Arbitration Agreement stipulates that after the parties agree to choose a domestic arbitration institution for arbitration, if one party disagrees with the validity of the arbitration agreement and requests the people's court to make a ruling, it shall be under the jurisdiction of the intermediate people's court where the Arbitration Commission is located. If there is no agreement or unclear agreement between the parties on the arbitration commission, it shall be under the jurisdiction of the intermediate people's court where the defendant is located.
2. Maritime maritime cases are established in the Provisions of the Supreme People's Court on the Scope of Accepting Cases by Maritime Courts.
3. The Interpretation of the Supreme People's Court on Issues Concerning the Jurisdiction and the Scope of Application of Law in the Trial of Trademark Cases establishes the case of first instance of trademark civil disputes, which shall be under the jurisdiction of the people's court at or above the intermediate level. The Higher People's Court may, according to the actual situation in its jurisdiction and with the approval of the Supreme People's Court, designate 1-2 grass-roots people's courts in larger cities to accept trademark civil dispute cases of first instance.
4. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes establishes that copyright civil disputes shall be under the jurisdiction of the people's courts at or above the intermediate level. The Higher People's Court may, according to the actual situation in its jurisdiction, determine that some grass-roots people's courts have jurisdiction over copyright civil disputes of first instance.
5. "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" set up the first instance cases of patent disputes, which are under the jurisdiction of the intermediate people's courts where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are located and the intermediate people's courts designated by the Supreme People's Court.
6. "Several Provisions of the Supreme People's Court on the Trial of Civil Compensation Cases for False Statements in the Securities Market" establishes that civil compensation cases for false statements in securities shall be under the jurisdiction of the intermediate people's courts of cities, cities with separate plans and special economic zones where the people's governments of provinces, municipalities directly under the Central Government and autonomous regions are located.
7. The Provisions of the Supreme People's Court on Several Issues Concerning Litigation Jurisdiction of Foreign-related Civil and Commercial Cases stipulates that foreign-related civil and commercial cases of first instance shall be under the jurisdiction of the following people's courts: (1) the people's court of the Economic and Technological Development Zone approved by the State Council; (2) Intermediate people's courts where provincial capitals, autonomous region capitals and municipalities directly under the Central Government are located; (3) Intermediate people's courts of special economic zones and cities under separate state planning; (4) Other intermediate people's courts designated by the Supreme People's Court; (5) Higher People's Court.
The regional jurisdiction of the above-mentioned intermediate people's courts shall be determined by the local higher people's courts.
Three. The Higher People's Court has jurisdiction over civil cases of first instance.
The civil cases of first instance under the jurisdiction of the Higher People's Court are civil cases with great influence in their respective jurisdictions. For details, please refer to the Notice of the Supreme People's Court on Adjusting the Standards of Jurisdiction of Higher People's Courts and Intermediate People's Courts over Civil and Commercial Cases of First Instance (Fa Fa [2015] No.7) [1], which reads as follows:
(1) The domicile of the party concerned is in the provincial administrative region where the court accepting civil and commercial cases of first instance is located.
2) A party whose domicile is not in the provincial administrative jurisdiction where the court is located shall accept civil and commercial cases of first instance.
3) The military courts of the People's Liberation Army have jurisdiction over civil and commercial cases with a litigation amount of more than 654.38 billion yuan, and the military courts of large units have jurisdiction over civil and commercial cases with a litigation amount of more than 20 million yuan.
4) Cases such as marriage, inheritance, family, property services, personal injury compensation, reputation, traffic accidents, labor disputes and group disputes are generally under the jurisdiction of the grassroots people's courts.
5) Cases with great difficulties, new types and universal significance in the application of the law can be tried by the people's court at a higher level on its own initiative in accordance with the provisions of Article 38 of the Civil Procedure Law, or by the people's court at a lower level at the request of the people's court at a lower level.
6) The level jurisdiction standard adjusted in this notice does not involve intellectual property cases, maritime cases and foreign-related civil and commercial cases involving Hong Kong, Macao and Taiwan.
7) The standards for civil and commercial cases of first instance stipulated in this notice include this number.
This notice shall be implemented as of May 20 15 1 day. Please report the problems encountered in the implementation process to our hospital in time.
4. the Supreme People's Court has jurisdiction over civil cases of first instance.
1. Cases with great influence in the whole country
2. Cases that should be tried by the hospital.
Extended data:
In China, people's courts are divided into four levels, namely, basic people's courts, intermediate people's courts, higher people's courts and the Supreme People's Court. In addition, there are specialized courts, namely military courts, maritime courts and railway transport courts.
Among them, ordinary civil cases of first instance are accepted by grassroots people's courts, except as otherwise provided by law. Usually, the grass-roots people's courts are at or below the county level, and those in towns and villages are called courts.
The basic people's court is the lowest local people's court in People's Republic of China (PRC). According to the Organic Law of People's Courts in People's Republic of China (PRC), basic people's courts are established in counties, county-level cities, autonomous counties and municipal districts.
In terms of appellation, the name of the grass-roots court is "XX county (city, district) people's court", and the word "grass-roots" does not appear.
References:
Baidu encyclopedia-grassroots people's court
References:
Baidu encyclopedia-intermediate people's court
References:
Baidu encyclopedia-higher people's court