Civil Law Intermediate People's Court Jurisdiction

Legal analysis: civil cases under the jurisdiction of the Intermediate People’s Court

(1) Major foreign-related cases;

(2) Cases with significant impact in the jurisdiction;

(3) Cases determined by the Supreme People’s Court to be under the jurisdiction of the Intermediate People’s Court.

Major foreign-related cases refer to foreign-related cases in which the subject matter of the dispute is large, or the case is complex, or there are a large number of parties living abroad. Having a significant impact in this jurisdiction means that the impact of the case exceeds the jurisdiction of the grassroots court and has a significant impact in the jurisdiction of the intermediate or above-intermediate courts. The cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court include the following categories:

(1) Maritime and maritime cases. Such cases are under the jurisdiction of the Maritime Court. Currently, cases in Guangzhou, Xiamen, Shanghai, Maritime courts have been established in Wuhan and other places. Maritime courts are all intermediate courts, and their scope of cases is determined by the Supreme Court;

(2) Patent dispute cases, including patent administrative cases and patent civil cases, Patent civil cases include disputes arising from patent infringement, transfer of patent rights, patent licensing, etc. Patent civil cases are under the jurisdiction of the intermediate courts where provincial governments are located and the intermediate courts in Qingdao, Dalian and various special economic zones;

(3) Major cases involving Hong Kong, Macao and Taiwan.

Legal basis: "Civil Procedure Law of the People's Republic of China"

Article 17 The grassroots people's courts have jurisdiction over first-instance civil cases, but this law provides otherwise except.

Article 18 The Intermediate People’s Court has jurisdiction over the following first-instance civil cases:

(1) Major foreign-related cases;

(2) There are Cases with significant impact;

(3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.

Article 19 Jurisdiction of the Higher People's Court

The Higher People's Court has jurisdiction over first-instance civil cases that have significant impact within its jurisdiction.

Article 20: The Supreme People's Court has jurisdiction over the following first-instance civil cases:

(1) Cases with significant national influence;

(2) It is believed that cases should be heard by this court.

Article 21 Civil lawsuits filed against citizens shall be under the jurisdiction of the people's court at the place of the defendant's domicile; if the defendant's domicile is inconsistent with his place of habitual residence, the people's court at the place of his habitual residence shall have jurisdiction. Civil lawsuits filed against legal persons or other organizations shall be under the jurisdiction of the people's court where the defendant is domiciled. If the domiciles and habitual residences of several defendants in the same lawsuit are within the jurisdiction of two or more people's courts, each of the people's courts shall have jurisdiction.