The organizational structure of the Supreme People's Court and the Supreme People's Procuratorate
○ Case Filing Division
○ First Division of Criminal Trial
○ Criminal Trial Second Chamber
○ First Civil Trial Chamber
○ Second Civil Trial Chamber
○ Third Civil Trial Chamber
○ The Fourth Civil Trial Division
○ Administrative Trial Division
○ Trial Supervision Division
○ Executive Office
○ Research Office
p>Provincial Higher People's Court
Take the Guangdong Provincial Higher People's Court as an example:
The Guangdong Provincial Higher People's Court has a case division, a first criminal trial division, and a criminal trial division. Second Tribunal, First Civil Trial Tribunal, Second Civil Trial Tribunal, Third Civil Trial Tribunal, Fourth Civil Trial Tribunal, Administrative Tribunal, Trial Supervision Tribunal, Enforcement Bureau, Registrar’s Office, Judicial Police Corps, Judges College and other trials It has jurisdiction over 23 intermediate courts (including the Maritime Court and the Railway Transportation Intermediate Court as specialized courts) and 132 grassroots courts.
Intermediate People's Courts in various regions
Take Guangzhou Intermediate People's Court as an example:
Criminal Trial Division 1 Criminal Trial Division 2
The First Civil Trial Division, the Second Civil Trial Division, the Third Civil Trial Division
The Fourth Civil Trial Division, the Administrative Division, the Trial Supervision Division
Execution Bureau
< p>(1) Case Filing Division (with the sign of Guangzhou Intermediate People’s Court Letters and Calls Room)Responsible for the filing and trial process management of various cases in the Municipal Court, and review of various appeals and retrials against the effective judgment of the Municipal Court Applications, appeals and retrial applications that have been rejected by the grassroots courts for review and retrial, or that have not been reviewed or retried, decide whether to file the case; review and make rulings on property and evidence preservation applications in the pre-litigation and case filing stages, and enforce property, preservation rulings, Collect and forward various litigation materials and serve relevant legal documents; hear jurisdictional objections, jurisdictional disputes, appeals against non-acceptance rulings and other procedural cases; review cases where the parties have objections to the validity of the arbitration agreement and request the court to make a ruling ; Calculate litigation fees, handle procedures for deferment, reduction, and exemption of litigation fees, and be responsible for petitions and judicial relief applications.
(2) The First Criminal Trial Chamber (the Juvenile Criminal Tribunal co-locates with it)
Trials the first and second instance crimes of endangering national security, crimes of endangering public security, Cases involving crimes of infringing upon citizens' personal rights and democratic rights, crimes of obstructing social order, crimes of endangering national defense interests, etc.; trials of cases in which penalties below statutory penalties are stipulated in Paragraph 2 of Article 63 of the Criminal Law; trials of first- and second-instance defendants Criminal cases involving persons under the age of 18; participate in the comprehensive management of crimes committed by persons under the age of 18, and try cases involving requests related to the business of this court.
(3) The Second Criminal Trial Division
Trials the first and second instance cases of crimes of undermining the order of the socialist market economy, crimes of infringement of property, crimes of corruption and bribery, crimes of malfeasance, etc., and hears foreign-related cases Criminal cases; hearing cases where penalties are imposed below statutory penalties.
(4) The First Civil Trial Chamber
Trials the first and second instance of marriage, family, inheritance and other civil cases related to personal relationships; adjudicates labor dispute cases; adjudicates natural persons (including individual businesses) Contracts, tort cases, and civil cases such as unjust enrichment and management without cause, between natural persons and legal persons, and other organizations; hear applications for the revocation of relevant arbitration cases and cases applying special procedures; hear applications for recognition of divorce by foreign courts Judgment and recognition of civil judgment cases of Taiwan District Courts; review and approve applications for extension of trial deadlines for relevant cases in grassroots people's courts; handle related applications for review cases; guide the trial work of people's courts.
(5) The Second Civil Trial Chamber
Trials civil contract disputes, civil tort disputes and rural contract disputes between first and second instance domestic legal persons; between legal persons and other organizations Dispute cases; try first and second instance domestic securities, futures, bills, equity, company, bankruptcy and other cases; hear cases applying for the revocation of domestic arbitration; handle related applications for reconsideration; review and approve applications for extension of trial deadlines for relevant cases in grassroots people's courts.
(6) The Third Civil Trial Chamber
Trials first instance copyrights (including computer software) and related rights, trademark rights, patent rights, technology contracts, unfair competition and Intellectual property cases such as scientific and technological achievements rights, new plant variety rights, integrated circuit layout design disputes, computer network domain name disputes, etc.; trial foreign-related, Hong Kong, Macao, and Taiwan-related contract and infringement cases between first- and second-instance legal persons, and between legal persons and other organizations , securities, futures, bills, companies, equity, bankruptcy and other foreign-related, Hong Kong, Macao and Taiwan-related cases and letter of credit cases; review cases applying for the revocation, recognition and enforcement of international arbitration awards and foreign court judgments; review cases related to the validity of foreign-related arbitration clauses ; Handle relevant reconsideration cases; hear second-instance foreign-related cases in the Guangzhou Economic and Technological Development Zone Court; hear foreign-related civil cases in other areas designated by the Provincial Higher People's Court; examine and approve applications for extension of trial deadlines for relevant cases in the basic people's courts.
(7) The Fourth Civil Trial Division
Trials real estate cases of first and second instance (including house sales, gifts, leases, pre-sales, mortgages, direct lawsuits in court or non-performance of contracts) Cases arising from land acquisition and demolition, relocation, development contracts, land use rights transfer and transfer contracts, construction project contracting contracts, etc.), real estate adjacent relationship cases, neighboring land use rights cases and other real estate cases (including water conservancy, grassland, tidal flats , railways, airports, highways, bridges, ports, dams and other real estate cases), property management dispute cases.
(8) Administrative Tribunal (Office of Compensation Committee of Guangzhou Intermediate People’s Court)
Trials first and second instance administrative cases and administrative compensation cases; is responsible for conducting non-litigation administrative enforcement cases Review legality and make a ruling on whether to grant compulsory execution; handle cases involving requests for instructions from grassroots people's courts; handle relevant reconsideration cases; handle criminal and non-criminal judicial compensation cases that should be accepted by the Compensation Committee of this court in accordance with the law; be responsible for the daily routine of the Compensation Committee affairs, matters decided by the Executive Compensation Committee.
(9) Trial Supervision Tribunal
Trial cases in which the Guangdong Provincial People’s Procuratorate lodges protests against various effective judgments of this court; trials cases in which superior courts order retrials of various effective judgments of this court Cases; review cases of appeal against the confirmation decision of the grassroots court and cases of commutation and parole of fixed-term criminals; responsible for the confirmation of state compensation by the municipal court; review and handle various trial supervision cases that have taken legal effect in this court and meet the conditions for filing after review ; Review and handle criminal, civil, and administrative trial supervision cases that have been reviewed and rejected by the grassroots court or have been retried and revised, but still continue to appeal to this court or apply for retrial, and meet the conditions for filing after review; review and handle cases that have not been reviewed by the grassroots court, but meet the conditions for filing Supervise criminal, civil, and administrative trial cases; inspect and evaluate cases; review and handle criminal, civil, and administrative trial supervision cases that are assigned by the leadership of the court and superior leadership agencies and are not accepted by the effective judgment.
The Enforcement Bureau
Assists the provincial courts in unified management and coordination of the city's court enforcement work. Manage the first enforcement court, the second enforcement court, and the third enforcement court.
(10) The First Enforcement Tribunal
Research and propose the overall deployment of the city's courts' enforcement work, and grasp the city's courts' enforcement work trends; responsible for the executive bureau's secretarial work, meetings, research, letters and visits, files, etc. ; Responsible for the judicial statistics of enforcement cases; responsible for the review of objections to enforcement cases, research and reply to applicable legal issues in enforcement work; cooperate with the cadre management department to assist the director of the enforcement bureau of the grassroots people's court.
(11) The Second Enforcement Division
Responsible for the enforcement of civil and administrative first-instance cases that have taken effect in this court, entrusted enforcement cases and non-litigation administrative enforcement cases; enforcement of foreign court judgments, Cases involving rulings and international arbitration awards; reviewing and accepting applications for compulsory enforcement of non-litigation cases; uniformly deploying the city's courts' enforcement forces and equipment, uniformly organizing city-wide court enforcement and special enforcement actions; handling mass and unexpected incidents during enforcement.
(12) The Third Enforcement Tribunal
Manages enforcement cases entrusted between this city and foreign courts, and is responsible for coordinating enforcement between this city and foreign courts, and between courts in this city Controversial cases; responsible for coordinating differences of opinion or disputes over case execution between local departments and units with assistance in execution obligations; supervising and urging the handling of relevant execution cases and cases that have been delayed for a long time by lower courts; correcting cases of illegal execution and wrong execution by lower courts ; According to actual needs, designate execution cases of this court and lower courts; propose and organize the implementation of cases that need to be upgraded to higher levels of execution.