Hierarchical jurisdiction refers to the division of labor and authority of the people's courts at lower levels to accept administrative litigation. According to the organizational system of people's courts, it determines the jurisdiction of lower people's courts and higher people's courts over administrative cases of first instance. Basic people's courts. The basic people's courts have jurisdiction over administrative cases of first instance, that is, all administrative cases except intermediate, advanced and special administrative cases of first instance under the jurisdiction of the Supreme People's Court. This is the general principle of hierarchical jurisdiction, which is not only convenient for the parties to carry out litigation activities, but also conducive to court investigation and evidence collection. Intermediate people's court. The Intermediate People's Court has jurisdiction over the following administrative cases of first instance: (1) cases of confirming invention patent rights and cases handled by the customs. The cases of confirming the invention patent right mainly include: cases about whether to grant the invention patent right; Cases in which the granted invention patent is declared invalid or the invention patent right is maintained; Cases of compulsory licensing. Cases handled by the customs refer to tax cases and customs administrative punishment cases. (two) administrative litigation cases brought 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 within its jurisdiction. According to the regulations, the following cases belong to this category: the defendant is a people's government at or above the county level, and the grassroots people's court is not suitable for trial; * * * Litigation and class action cases with great social impact; Major foreign-related cases or cases involving Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province; Other major and complicated cases. Higher people's court. The Higher People's Court is the highest court among local people's courts at all levels and the appeal court of the intermediate people's court. It only governs major and complicated administrative cases of first instance within its jurisdiction. The Supreme People's Court. The Supreme People's Court mainly hears appeals against judgments and rulings of higher people's courts, and makes judicial interpretations on the specific application of law in administrative trials. Therefore, the Supreme People's Court only has jurisdiction over major and complicated administrative cases of first instance nationwide.
Legal objectivity:
The jurisdiction of administrative litigation is the division of authority among the courts that accept administrative cases of first instance. Jurisdiction of administrative litigation is divided into the following three categories: 1. Hierarchical jurisdiction is the division of authority of people's courts at different trial levels to hear administrative cases of first instance. The people's courts in China are divided into four trial levels: grass-roots courts, intermediate courts, high courts and the Supreme People's Court, and the Administrative Procedure Law stipulates their respective jurisdictions in trying administrative cases of first instance. The general standard of hierarchical jurisdiction is that ordinary cases are under the jurisdiction of grass-roots courts, and special cases are under the jurisdiction of China, the Supreme People's Court and Guangzhou respectively. For hierarchical jurisdiction, we should focus on special cases under the jurisdiction of the intermediate court, the high court and the Supreme Court respectively. Other administrative cases are under the jurisdiction of the grass-roots courts. The Intermediate People's Court has jurisdiction over three kinds of special administrative cases: (1) cases of confirming invention patent rights and cases handled by customs; (two) cases of litigation against specific administrative acts of various departments in the State Council or the governments of provinces, autonomous regions and municipalities directly under the Central Government; (3) Major and complicated cases within its jurisdiction. Senior and the Supreme People's Court have jurisdiction over major and complicated administrative cases of first instance within their respective jurisdictions. 2. Territorial jurisdiction Territorial jurisdiction is to solve the problem of the division of authority between the people's courts at the same level to accept administrative cases of first instance on the basis of hierarchical jurisdiction. The territorial jurisdiction of administrative litigation can be divided into general territorial jurisdiction and special territorial jurisdiction. General territorial jurisdiction refers to the jurisdiction applicable to general administrative cases and determined according to general standards. The general standard of territorial jurisdiction is that, in principle, administrative cases are under the jurisdiction of the people's court where the administrative organ initially made a specific act. This standard contains two meanings: first, the determination of territorial jurisdiction in administrative litigation generally follows the principle of "the plaintiff is the defendant", and citizens, legal persons or other organizations should sue in the people's court where the defendant's administrative organ is located; Secondly, citizens, legal persons or other organizations should bring a lawsuit to the people's court where the administrative organ originally made the specific administrative act. The reason why the definition of "preliminary" is added is because some administrative cases have undergone administrative reconsideration. At this time, there are objectively two administrative organs, which need to be clarified. Special territorial jurisdiction refers to the jurisdiction applicable to special cases and determined according to special standards. Administrative cases are very complicated. Sometimes, due to some special factors, it may lead to unfairness to determine regional jurisdiction according to general standards, so it is necessary to determine jurisdiction according to special standards. Special territorial jurisdiction in administrative litigation includes the following three types: (1) Selective jurisdiction after reconsideration can be under the jurisdiction of the court where the original behavior organ is located or the court where the reconsideration organ is located according to general standards, or it can be determined according to the plaintiff's choice. As for the change of the original specific administrative act by the administrative reconsideration organ, it includes: first, the change of the main facts and evidence identified by the original specific administrative act; The second is to change the normative documents applicable to the original specific administrative act, which will have an impact on qualitative analysis; The third is to change the processing results. (2) The lawsuit brought by the real estate shall be under the exclusive jurisdiction of the people's court where the real estate is located. (3) Where a lawsuit is brought against an administrative compulsory measure that restricts personal freedom, it shall be under the jurisdiction of the place where the defendant is located or the plaintiff is located. The plaintiff's location includes the plaintiff's domicile, habitual residence and restricted personal freedom. 3. Ruling jurisdiction refers to determining the jurisdiction of administrative cases according to the ruling or decision made by the people's court. There are mainly the following three types: (1) Transfer to jurisdiction means that when the people's court finds that it has no jurisdiction over the administrative case after accepting the plaintiff's lawsuit, it transfers the case to a court with jurisdiction. (2) Designated jurisdiction means that the people's court at a higher level designates the people's court at a lower level for jurisdiction under certain circumstances. (3) Transfer of jurisdiction means that the lower people's court transfers administrative cases to the higher people's court or the higher people's court transfers administrative cases to the lower people's court with the decision or consent of the higher people's court. The biggest difference between administrative reconsideration and administrative litigation lies in jurisdiction. Because the establishment of administrative organs is obviously more complicated than courts, their jurisdiction is also different from administrative litigation. The jurisdiction of administrative reconsideration can be divided into three categories: first, apply for reconsideration for acts that the government refuses to accept, determine the jurisdiction according to the standard of "government to government", and apply for reconsideration to the government at the next higher level; Two, refuses to accept the behavior of government departments to apply for reconsideration, should be determined according to the management system. The department that implements the dual leadership system shall be under the jurisdiction of the government or the competent department at the next higher level, and shall be selected by the applicant; Departments that implement vertical leadership shall be under the jurisdiction of the competent department at the next higher level; Third, the jurisdiction set by specialized agencies or organizations can be determined according to the principle of determining the subject of behavior first and then looking for the superior.