Basic people's courts have jurisdiction over administrative cases of first instance except those under the jurisdiction of higher people's courts according to law.
Details are as follows:
1. The administrative cases of first instance under the jurisdiction of the Intermediate People's Court are cases in which the invention patent right is confirmed, cases handled by the customs, and cases in which the 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 are filed;
2. The Higher People's Court has jurisdiction over major and complicated administrative cases of first instance within its jurisdiction, and the Supreme People's Court has jurisdiction over major and complicated administrative cases of first instance nationwide.
legal ground
administrative procedure law of the people's republic of china
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 18 An administrative case shall be under the jurisdiction of the people's court where the administrative organ that originally made the administrative act is located.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. Article 25 The counterpart of an administrative act and other citizens, legal persons or other organizations interested in the administrative act have the right to bring a lawsuit.
If a citizen who has the right to file a lawsuit dies, his close relatives may file a lawsuit.
The legal person or other organization that has the right to bring a lawsuit is terminated, and the legal person or other organization that inherits its rights may bring a lawsuit.
In performing their duties, the people's procuratorate finds that the administrative organ responsible for supervision and management in the fields of ecological environment and resource protection, food and drug safety, state-owned property protection, and transfer of state-owned land use rights illegally exercises its functions and powers or does not act, thus infringing on national interests or social public interests, it shall put forward procuratorial suggestions to the administrative organ and urge it to perform its duties according to law. If the administrative organ fails to perform its duties according to law, the people's procuratorate shall bring a lawsuit to the people's court according to law.