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Contents of the Supreme People’s Court’s decision on amending the Provisions on the Causes of Civil Cases

Decision of the Supreme People's Court on Amending the "Provisions on Causes of Action for Civil Cases"

1. Modify 5 first-level causes of action:

1. Add "Ninth Level Causes of Action" Partial tort liability disputes”.

2. Delete “Part 8 Civil Disputes Related to Railway Transport”.

3. Change "Part IV: Disputes over Claims" to "Part IV: Disputes over Contracts, Management Without Cause, and Unjust Enrichment".

4. Change "Part 5 Intellectual Property Disputes" to "Part 5 Intellectual Property and Competition Disputes".

5. Change "Part 9 Civil Disputes Related to Companies, Securities, Bills, etc." to "Part 8 Civil Disputes Related to Companies, Securities, Insurance, Bills, etc."

2. Modify 20 second-level causes of action:

6. Add “27. Insurance Disputes”.

7. Add “30. Tort Liability Disputes”.

8. Add “43. Litigation for objections to execution”.

9. Delete “11. Special types of infringement disputes”.

10. Delete “20. Civil disputes related to railway transportation”.

11. Change “21. Disputes related to partnership enterprises” to “22. Disputes related to partnership enterprises”.

12. Split "16. Unfair Competition and Monopoly Disputes" into "15. Unfair Competition Disputes" and "16. Monopoly Disputes".

13. Split the causes of "Thirty. Cases applying special procedures" into "Thirty-one. Voter qualification cases", "Thirty-two. Cases declared missing or declared dead", "Thirty-three. "Case of determining that citizens have no capacity for civil conduct or limited capacity for civil conduct", "34. Cases of determining that property has no owner", "35. Cases of special custody procedures", "36. Cases of supervision procedures", "3. 17. Cases of Public Notice and Urgent Procedure”, “38. Cases of Application for Stopping Infringement of Intellectual Property Rights Before Litigation”, “39. Cases of Application for Preservation”, “40. Cases of Arbitration Procedure”, “41. Maritime Litigation Special Procedure Cases", "42. Cases Application for Recognition and Enforcement of Court Judgments and Arbitral Awards".

3. Modify 113 third-level causes of action:

14. Under the second-level cause of action “2. Marriage and family disputes”, change “14. Cohabitation relationship, property division, child support” Dispute" is "17. Cohabitation relationship dispute".

15. Add “42. Dispute over the owner’s right to know” under the second-level cause of action “6. Dispute over ownership”.

16. Add "66. Dispute over liability for contracting negligence", "67. Dispute over confirmation of contract validity", "77. Dispute over construction land use rights contract" under the second-level cause of action "10. Contract dispute" ", "78. Dispute over temporary land use contract", "79. Dispute over exploration rights transfer contract", "80. Dispute over mining rights transfer contract", "94. Dispute over import and export bill advance", "96. Dispute over bank card", " 123. Disputes over re-employment contracts for retired personnel”, “124. Disputes over advertising contracts”, “126. Disputes over right of recourse”, “141. Disputes over intellectual property pledge contracts”, change “84. Credit card disputes” to the third level cause of action “96 The fourth-level cause of action "(2) Credit card dispute" under ", bank card dispute" is split into "75. Dispute over contract for supply and use of electricity, water, gas and heat" into "84. Dispute over contract for supply and use of electricity", "85 , water supply contract disputes, "86, gas supply contract disputes", "87, heat supply contract disputes", delete "112, people's mediation agreement disputes", add "127, request to confirm the validity of the people's mediation agreement".

17. Under the second-level cause of action “14. Intellectual Property Contract Dispute”, change “140. Computer Network Domain Name Contract Dispute” to “140. Network Domain Name Contract Dispute”.

18. Add "153. Disputes over confirmation of non-infringement of intellectual property rights" and "154. Damage due to application for interim measures of intellectual property rights" under the second-level cause of action "15. Intellectual property rights ownership and infringement disputes" Liability disputes", "155. Liability disputes for damage caused by intellectual property litigation filed in bad faith", "156. Disputes over the return of fees after the patent rights are declared invalid".

19. Add “158. Commercial bribery and unfair competition disputes”, “166. Monopoly agreement disputes”, “167. "Disputes over abuse of dominant market position", "168. Disputes over concentration of business operators", change "157. Dumping disputes" to "161. Disputes over unfair competition over low-price dumping", change "158. Disputes over tying and sales with unreasonable conditions" It is "162. Dispute over unfair competition in bundled sales" and "161. Dispute over collusive bidding" is changed to "165. Dispute over unfair competition through collusive bidding".

20. Add "227. Dispute over confirmation of maritime claims" under the second-level cause of action "19. Maritime disputes" and change "172. Disputes over compensation for breeding damage" to "178. Maritime disputes" , Disputes over liability for damage caused by aquaculture in sea waters", delete "177. Disputes over multimodal transport contracts (accepted by the Maritime Court)", and change "186. Disputes over fishing vessel contracting contracts" to "195. Disputes over contracting contracts for transport ships on sea and sea-connecting waters" ", split "180. Disputes over ship sales (construction, repair, alteration and dismantling) contracts" into "186. Disputes over ship sales contracts", "187. Disputes over ship construction contracts", "188. Disputes over ship repair contracts", "189. Dispute over ship reconstruction contract", "190. Dispute over ship dismantling contract", split "187. Dispute over ship equipment and shipping container leasing and storage contract" into "197. Dispute over ship equipment leasing contract", "198 "194. Dispute over ship equipment storage contract", "199. Dispute over shipping container leasing contract", "200. Dispute over shipping container storage contract", split "194. Dispute over shipwreck salvage contract and maritime salvage contract" into "207. Dispute over shipwreck salvage contract" ", "208. Disputes over salvage contracts at sea and in sea-connected waters", change "198. Disputes over loan contracts related to ship operation" to "213. Disputes over loan contracts for ship operations".

21. Add “239. Enterprise contract management contract disputes” under the second-level cause of action “21. Enterprise-related disputes”.

22. Add “243. Dispute over shareholder register recording”, “244. Dispute over request for change of company registration”, “246. "Dispute over new capital subscription", "248. Dispute over requesting the company to acquire shares", "250. Dispute over company resolution", "251. Dispute over company establishment", "252. Dispute over return of company license", "255. Dispute over liability for damage to shareholders' interests" ", "256. Dispute over liability for damage to the interests of the company", "257. Dispute over liability for damage to the interests of the company's creditors by shareholders", "258. Dispute over liability for damage from the company's related transactions", "264. Application for liquidation of the company", "265. Dispute over liability for liquidation" , change "241. Disputes over equity confirmation" to "242. Disputes over confirmation of shareholder qualifications", and delete "244. Disputes over the revocation of company articles of association or articles of association".

23. Under the second-level cause of action “23. Disputes related to partnership enterprises”, add “267. Disputes over entry into partnership”, “268. Disputes over withdrawal from partnership”, “269. Share of property of partnership enterprise” Transfer Disputes" and delete "263. General Partnership Disputes", "264. Special General Partnership Disputes" and "265. Limited Partnership Disputes".

24. Add "273. Dispute over request to cancel individual repayment act", "274. Dispute over request to confirm the invalidity of the debtor's act" under the second-level cause of action "24. Disputes related to bankruptcy", “275. Disputes over the collection of external claims”, “276. Disputes over the collection of unpaid capital contributions”, “277. Disputes over the collection of escaped capital contributions”, “278. Disputes over the collection of abnormal income”, “284. Disputes over compensation for damages to the interests of the debtor ", "285. Dispute over administrator's liability", delete "269. Dispute over correction of employee rights and interests list", and change "272. Dispute over right of offset" to "281. Dispute over right of offset in bankruptcy".

25. Add "286. Disputes over confirmation of securities rights" and "288. Disputes over financial derivatives transactions" under the second-level cause of action "25. Securities disputes".

26. Add “317. Insurance agency contract disputes”, “322. Import and export credit insurance contract disputes”, “323. Insurance premiums” under the second-level cause of action “27. Insurance disputes” dispute".

27. Add “341. Guardian liability dispute”, “342. Employer liability dispute”, “343. Labor dispatch worker tort” under the second-level cause of action “30. Tort liability dispute” "Liability dispute", "344. Dispute over liability for injury caused by labor provider", "345. Dispute over liability for injury caused by labor provider", "346. Dispute over liability for network infringement", "347. Dispute over liability for breach of security obligations", "348. “Educational Institution Liability Dispute”, “349. Product Liability Dispute”, “350. Motor Vehicle Traffic Accident Liability Dispute”, “351. Medical Damage Liability Dispute”, “352. Environmental Pollution Liability Dispute”, “353. High Hazard Liability Dispute” ", "354. Dispute over liability for damage to animals raised", "355. Dispute over liability for damage to objects", "363. Dispute over liability for damage to railway transportation", "366. Dispute over liability for damage to property preservation before litigation", "367. Dispute over liability for damage to property before litigation" "Disputes over liability for damages arising from the preservation of evidence before litigation", "368. Disputes over liability for damages resulting from application for preservation of property during litigation", "369. Disputes over liability for damages arising from applications for preservation of evidence during litigation", "370. Disputes over liability for damages arising from applications for preservation of evidence during litigation".

28. Add "411. Application for enforcement of maritime arbitration awards" and "412. Application for enforcement of intellectual property rights" under the second-level cause of action "42. Application for recognition and enforcement of court judgments and arbitration awards" "Arbitration Award", "413, Application for Enforcement of Foreign-Related Arbitration Award".

29. Under the second-level cause of action "43. Litigation for objection to execution", add "422. Litigation for objection to execution by a person outside the case", "423. Litigation for objection to execution by the person applying for execution", "424. Litigation for objections to the implementation of the distribution plan."

4. Modify 154 fourth-level causes of action:

30. Add “(1) Cohabitation relationship property settlement dispute” under the third-level cause of action “17. Cohabitation relationship dispute” , "(2) Child support disputes in cohabitation relationships."

31. Add “(1) *** has the right to confirm the dispute” and “(2) *** has a dispute over division of property” under the third-level cause of action “47. *** has a dispute” ", "(3) ***There is a dispute over someone's right of first refusal."

32. Add “(3) Dispute over the inheritance of land contract management rights” under the third-level cause of action “54. Disputes over land contract management rights”.

33. Add “(1) Dispute over confirmation of contract validity” and “(2) Dispute over confirmation of invalidity of contract” under the third-level cause of action “67. Dispute over confirmation of contract validity”.

34. Add "(6) Online shopping contract disputes" and "(7) TV shopping contract disputes" under the third-level cause of action "71. Sales contract disputes".

35. Change the fourth-level cause of action "(6) House sales contract dispute" under the third-level cause of action "71. Dispute over housing sales contract" to the third-level cause of action "82. Dispute over house sales contract" , and add "(1) Commercial housing reservation contract disputes", "(5) Affordable housing transfer contract disputes" and "(6) Rural house sales contract disputes" under it.

36. Change the fourth-level cause of action "(10) House demolition and resettlement compensation contract dispute" under the third-level cause of action "74. Dispute over real estate development and operation contract" to the third-level cause of action "83. House Disputes over demolition and resettlement compensation contracts.”

37. Add “(2) Construction land use right transfer contract dispute” under the newly added third-level cause of action “77. Construction land use right contract dispute”.

38. Add “(5) Small loan contract disputes”, “(6) Financial distressed debt transfer contract disputes”, “(7) Disputes over loan contract” under the third-level cause of action ) Disputes over the recovery of financial bad debts.”

39. Add "(1) Land lease contract dispute", "(2) House lease contract dispute", "(3) Vehicle lease" under the third-level cause of action "86. Dispute over lease contract" Contract Disputes", "(4) Construction Equipment Leasing Contract Disputes".

40. Add "(1) Processing contract disputes", "(2) Custom-made contract disputes", "(3) Repair contract disputes" under the third-level cause of action "88. Contract disputes" ", "(4) Copying contract disputes", "(5) Testing contract disputes", "(6) Inspection contract disputes", "(7) Railway locomotive and rolling stock construction contract disputes".

41. Under the third-level cause of action "89. Disputes over construction project contracts", "(4) Disputes over the priority of payment of construction project prices", "(8) Disputes over railway construction contracts", " (9) Disputes over rural housing construction contracts."

42. Add “(12) Railway cargo transport contract dispute”, “(13) Railway passenger transport contract dispute”, “(14)” under the third-level cause of action “90. Transport contract dispute”. "Disputes over railway baggage transport contracts", "(15) Disputes over railway parcel transport contracts", "(16) Disputes over international railway combined transport contracts".

43. Change the fourth-level cause of action "(5) Dispute over entrusted financial management contract" under the third-level cause of action "93. Dispute over entrusted financial management contract" to the third-level cause of action "105. Dispute over entrusted financial management contract" , and add "(1) Financial entrusted wealth management contract disputes" and "(2) Private entrusted wealth management contract disputes" under it.

44. Add “(2) Debit card dispute” under the third-level cause of action “96. Bank card dispute”.

45. Change the fourth-level cause of action "(1) Property insurance contract dispute" under the third-level cause of action "98. Dispute over insurance contract" to the third-level cause of action "317. Dispute over property insurance contract" , and add "(1) Property damage insurance contract disputes", "(2) Liability insurance contract disputes", "(3) Credit insurance contract disputes", "(4) Guarantee insurance contract disputes", "( 5) Disputes over the insurer’s subrogation rights”.

46. Change the fourth-level cause of action "(2) Personal insurance contract dispute" under the third-level cause of action "98. Dispute over insurance contract" to the third-level cause of action "318. Dispute over personal insurance contract" , and add "(1) Life insurance contract disputes", "(2) Accident insurance contract disputes" and "(3) Health insurance contract disputes" under it.

47. Change the fourth-level cause of action "(5) Reinsurance contract dispute" under the third-level cause of action "98. Dispute over insurance contract" to the third-level cause of action "319. Dispute over reinsurance contract", change The fourth-level cause of action "98 (7) Insurance Brokerage Contract Dispute" under it is the third-level cause of action "320. Insurance Brokerage Contract Dispute".

48. Add “(6) Dispute over land contract management right leasing contract” under the third-level cause of action “107. Rural land contract dispute”.

49. Add “(16) Housekeeping service contract disputes”, “(17) Celebration service contract disputes”, “(18) Funeral services” under the third-level cause of action “108. Service contract disputes” "Contract disputes", "(19) Agricultural technical service contract disputes", "(20) Agricultural machinery operation service contract disputes", "(21) Security service contract disputes", "(22) Bank settlement contract disputes".

50. Under the third-level cause of action “112. Dispute over People’s Mediation Agreement”, delete “(1) Dispute over request for performance of People’s Mediation Agreement”, “(2) Dispute over request for change of People’s Mediation Agreement”, "(3) Disputes requesting the cancellation of the People's Mediation Agreement", "(4) Disputes requesting confirmation of the invalidity of the People's Mediation Agreement."

51. Add "(5) Publishing contract disputes", "(6) Performance contract disputes", "(7) Audiovisual product production contracts" under the third-level cause of action "130. Copyright contract disputes" Disputes", "(8) Radio and television broadcast contract disputes".

52. Add “(1) Internet domain name registration contract dispute”, “(2) Internet domain name transfer contract dispute”, “(3) Internet domain name transfer contract dispute” under the third-level cause of action “140. Internet domain name contract dispute” ) Internet domain name licensing contract disputes."

53. Add “(3) Dispute over infringement of authorship rights of works”, “(4) Disputes over infringement of rights to modify works”, “ (5) Disputes over infringement of the right to protect the integrity of works”, “(6) Disputes over infringement of the right to copy works”, “(7) Disputes over infringement of the right to distribute works”, “(8) Disputes over infringement of the right to rent works”, “(9) Disputes over infringement of the right to reproduce works” "Disputes over exhibition rights", "(10) Disputes over infringement of the right to perform works", "(11) Disputes over infringements over the right to screen works", "(12) Disputes over infringements over the right to broadcast works", "(13) Disputes over infringement of rights to network dissemination of work information" , "(14) Dispute over infringement of the right to film the work", "(15) Dispute over the infringement of the right to adapt the work", "(16) Dispute over the infringement of the right to translate the work", "(17) Dispute over the infringement of the right to compile the work", "(18) Infringement "Other copyright property rights disputes", "(19) Disputes over publisher rights", "(20) Disputes over performer rights", "(21) Disputes over producer rights of audio and video recordings", "(22) Broadcasting organizations rights ownership disputes”.

54. Add “(1) Trademark ownership dispute” and “(2) Trademark infringement dispute” under the third-level cause of action “142. Trademark ownership and infringement disputes”.

55. Under the third-level cause of action "154. Dispute over liability for damage due to application for interim measures for intellectual property rights", add "(1) Dispute over liability for damage due to application for cessation of patent infringement before litigation", "(2) ) Disputes over liability for damages resulting from the application to cease infringement of exclusive rights to registered trademarks before litigation”, “(3) Disputes over liability for damages arising from applications to cease infringement of copyright before litigation”, “(4) Disputes over liability for damages arising from applications to cease infringement of new plant variety rights before litigation” , "(5) Disputes over damage liability due to application for customs intellectual property protection measures."

56. Add “(1) Horizontal Monopoly Agreement Dispute” and “(2) Vertical Monopoly Agreement Dispute” under the third-level cause of action “166. Monopoly Agreement Dispute”.

57. Add "(1) Monopoly Pricing Dispute", "(2) Predatory Pricing Dispute", "(3) Refusal to Transaction" under the third-level cause of action "167. Dispute over abuse of market dominance" "Disputes", "(4) Disputes over restricted transactions", "(5) Disputes over bundled transactions", "(6) Disputes over differential treatment".

58. Add “(7) Non-competition dispute” under the third-level cause of action “163. Labor contract dispute”.

59. Add “(3) Employment contract dispute” under the third-level cause of action “166. Personnel dispute”.

60. Under the third-level cause of action “239. Enterprise contract management contract disputes”, add “(1) Sino-foreign joint venture enterprise contract management contract disputes”, “(2) Sino-foreign joint venture enterprise contract management contract disputes” "Contract disputes", "(3) Contract disputes for wholly foreign-owned enterprises", "(4) Contract disputes for township enterprises".

61. Add “disputes over confirmation of the validity of company resolutions” and “disputes over the revocation of company resolutions” under the third-level cause of action “250. Disputes over company resolutions”.

62. Add “(1) Disputes over confirmation of employees’ bankruptcy claims” and “(2) Disputes over confirmation of ordinary bankruptcy claims” under the third-level cause of action “270. Disputes over confirmation of bankruptcy claims”.

63. Add “(1) General dispute over the right to retrieve” and “(2) Dispute over the seller’s right to retrieve” under the third-level cause of action “271. Dispute over the right to retrieve.”

64. Add “(1) Stock repurchase contract dispute”, “(2) Treasury bond repurchase contract dispute”, “( 3) Corporate bond repurchase contract disputes, (4) Securities investment fund repurchase contract disputes, and (5) Pledged securities repurchase disputes.

65. Add “(1) Dispute over the confirmation of stock rights”, “(2) Dispute over the confirmation of corporate bond rights”, “(3) "Disputes over the confirmation of the rights of national debt" and "(4) Disputes over the confirmation of the rights of securities investment funds".

66. Under the third-level cause of action “347. Disputes over liability for breach of safety and security obligations”, “(1) Disputes over liability of managers of public places” and “(2) Mass activity organizations liability disputes”.

67. Add “(1) Product producer liability dispute”, “(2) Product seller liability dispute”, “(3)” under the third-level cause of action “349. Product liability dispute”. Product Transporter Liability Disputes", "(4) Product Warehouse Liability Disputes".

68. Add "(1) Liability dispute for infringement of patient's right to informed consent" and "(2) Medical product liability dispute" under the third-level cause of action "351. Medical damage liability dispute".

69. Add “(5) Soil pollution liability dispute”, “(6) Electronic waste pollution liability dispute”, “(7) Solid Waste Pollution Liability Disputes.”

70. Add "(1) Dispute over liability for damage to civil nuclear facilities", "(2) Dispute over liability for damage to civil aircraft", "( 3) Disputes over liability for damage due to possession and use of highly dangerous objects”, “(4) Disputes over liability for damage caused by highly hazardous activities”, “(5) Disputes over liability for damage caused by loss or abandonment of highly dangerous objects”, “(6) Disputes over liability for damage caused by illegal possession of highly dangerous objects Liability Disputes".

71. Under the third-level cause of action "355. Disputes over liability for damage to objects", add "(1) Disputes over liability for damage caused by objects falling or falling" and "(2) Disputes over liability for damage caused by the collapse of buildings and structures. ", "(3) Disputes over liability for damage caused by unknown thrown objects and falling objects", "(4) Disputes over liability for damage caused by collapse of stacked objects", "(5) Disputes over liability for damage caused by obstruction of traffic on highways", "(6) Disputes over liability for damage caused by broken trees”, “(7) Disputes over liability for damage caused by ground construction and underground facilities”.

72. Add “(1) Dispute over liability for personal injury in railway transport” under the third-level cause of action “363. Dispute over liability for railway transport damage”.

This decision will come into effect on April 1, 2011.

The "Provisions on the Causes of Civil Cases" will be revised and the order of provisions adjusted in accordance with this decision, and then re-announced.