The Administrative Procedure Law stipulates that:
1. Basic people's courts have jurisdiction over administrative cases of first instance.
According to Article 13 of the Administrative Procedure Law, all administrative cases of first instance are under the jurisdiction of the grass-roots people's courts, except those which are specially stipulated by law to be under the jurisdiction of the Intermediate People's Court, the Higher People's Court and the Supreme People's Court.
2. The Intermediate People's Court has jurisdiction over administrative cases of first instance.
According to Article 14 of the Administrative Procedure Law, the administrative cases of first instance under the jurisdiction of the Intermediate People's Court are:
(1) Confirm invention patent cases and cases handled by the customs. Because these two types of administrative cases are professional and technical, the establishment of patent and customs administrative organs is mostly consistent with the jurisdiction of the intermediate people's court. The law stipulates that these two types of cases are under the jurisdiction of the intermediate people's court, which is conducive to ensuring the quality of handling cases.
(two) cases of litigation against specific administrative acts of various departments in the State Council or the people's courts of provinces, autonomous regions and municipalities directly under the central government. In this kind of case, the administrative organ, as one of the parties, has a high level, and the specific administrative act it has made is professional, policy-oriented and influential, which is not suitable for the jurisdiction of the grassroots people's court.
(3) Major and complicated administrative cases in this region. The "major and complicated administrative cases within its jurisdiction" here mainly refers to: ① administrative cases reconsidered by relevant departments of the State Council or provincial people's governments; (2) Administrative cases such as * * * litigation and group litigation with great social influence; ③ Administrative cases involving foreign affairs or involving Hong Kong, Taiwan and Australia with great social impact; (four) the defendant is an administrative case of the people's government at or above the county level or the department of the local (city) or provincial people's government; ⑤ Other major and complicated administrative cases.
3. Administrative cases of first instance under the jurisdiction of the Higher People's Court
The Higher People's Court has jurisdiction over major and complicated administrative cases of first instance within its jurisdiction. This kind of administrative case refers to a case with major cases, wide coverage and great influence within a province, autonomous region or municipality directly under the Central Government.
4. the Supreme People's Court has jurisdiction over administrative cases of first instance.
The Supreme People's Court has jurisdiction over major and complicated administrative cases of first instance nationwide. This kind of cases mainly refers to administrative cases with great influence in the whole country or foreign-related administrative cases with great influence in the world. In fact, such administrative cases rarely occur.