Where the provisions of laws and decrees need to be further clarified or supplemented, they shall be interpreted by the NPC Standing Committee or stipulated by decree.
The Supreme People's Court will explain all issues concerning the specific application of laws and decrees in court trials. The Supreme People's Procuratorate will explain the specific application of laws and decrees by procuratorial organs in procuratorial work. If there are differences in principle between the Supreme People's Court's and the Supreme People's Procuratorate's interpretations, they should be reported to the NPC Standing Committee for interpretation or decision. [Edit this paragraph] [filing court] 1. Filing all kinds of cases accepted by the Supreme People's Court. Among them, for all kinds of first-instance and second-instance cases accepted by the Supreme People's Court, the Supreme People's Procuratorate submitted death penalty review cases, requests for instructions and protests in accordance with trial supervision procedures, and the leadership and leading organs approved all kinds of appeals and applications for retrial, and registered intellectual property, maritime, administrative, enforcement and compensation appeals and applications for retrial cases that refused to accept the judgment of the Higher People's Court, and transferred them to the relevant courts (offices) for handling.
2. Review all kinds of appeal and retrial cases against the effective judgment of the Supreme People's Court, and review criminal and civil (excluding intellectual property rights and maritime affairs) appeal and retrial cases rejected by the Higher People's Court. If the appeal is considered unreasonable, it shall be rejected; Those who meet the conditions for filing a case shall be transferred to the trial supervision court for examination and handling.
3. Review and handle criminal and civil matters (excluding intellectual property rights, maritime affairs, etc.). Complaints and applications for retrial made by grass-roots people's courts, intermediate people's courts and higher people's courts without review and retrial by higher people's courts. A few meet the conditions for filing a case and are transferred to the trial supervision court for handling.
4. Review and handle the cases of intellectual property, maritime affairs, administration, enforcement, compensation appeals and applications for retrial that the basic people's courts and intermediate people's courts refuse to accept the review and retrial of the higher people's courts. Those who meet the conditions for filing the case shall be transferred to the relevant court (office) for handling.
5. Handle non-litigation letters and interviews.
6. Jurisdiction of the case.
7. Handling applications for mutual legal assistance.
8. Manage the trial process of various cases tried in the Supreme People's Court. [Edit this paragraph] [Criminal Trial Chamber I] 1. To try cases of first and second instance, such as crimes against national security, crimes against public security, crimes against citizens' personal rights and democratic rights, crimes against social management order, crimes against national defense interests and crimes against military duties, and review death penalty cases.
2. To hear relevant foreign-related internal audit cases.
3, the trial of foreign transfer cases.
4, the trial of special circumstances sentenced to a penalty lower than the statutory penalty related review cases; To hear the review cases of parole under special circumstances.
5. Handle relevant death penalty cases.
6, review the death penalty filing materials.
7. Coordination and guidance in handling relevant major cases.
8, to guide the national court commutation and parole work. [Edit this paragraph] [Criminal Trial Chamber II] 1. We tried first-instance and second-instance cases such as crimes against the socialist market economic order, crimes against property, crimes of corruption and bribery, and crimes of dereliction of duty, and reviewed death penalty cases.
2, the trial of special circumstances sentenced to a penalty lower than the statutory penalty related review cases.
3. Handle relevant death penalty cases.
4. Coordination and guidance in handling relevant major cases. [Edit this paragraph] [The first court of civil trial] 1, hearing traditional civil cases such as marriage and family, labor disputes, unjust enrichment, management without cause, real estate cases (including housing sale, lease, pre-sale, mortgage, development contract cases, land use right transfer and transfer contract cases, construction project contract cases, etc. ); Cases of adjacent relationship of real estate, cases of adjacent land use rights and other real estate cases (including cases caused by mountains, water conservancy, grasslands, beaches, railways, airports, highways, bridges, ports, dams and other real estate). Contracts involving real estate and other real estate as collateral, whose nature is determined by the nature of the main contract); Rural contracting cases; Contracts and infringement cases between natural persons, natural persons and legal persons and other organizations.
2. To hear cases applying for cancellation of relevant arbitration.
3. To hear cases to which special procedures apply.
4. Handle relevant reconsideration cases.
5, the examination and approval of the higher people's court related cases to extend the trial period.
6, to guide the work of the people's court. [Edit this paragraph] [Second Division of Civil Trial] 1. First, the second instance tries contract disputes and infringement disputes between domestic legal persons and between legal persons and other organizations, and the first and second instances try domestic securities, futures, bills, companies, bankruptcy and other cases.
2. To hear cases applying for cancellation of domestic arbitration.
3. Handle relevant reconsideration cases.
4, the examination and approval of the higher people's court related cases to extend the trial period. [Edit this paragraph] [Civil Trial Third Court] 1, trial of intellectual property cases such as copyright (including computer software), trademark right, patent right, technology contract, unfair competition, scientific and technological achievements right and new plant variety right in the first and second trial.
2. Review and handle the intellectual property application retrial cases transferred by a few filing courts that are not satisfied with the effective judgment of the higher people's court and the intellectual property application retrial cases that are not satisfied with the effective judgment of the grassroots people's court and the intermediate people's court.
3. Handling of cases of intellectual property application for reconsideration.
4. Examining and approving the application of the Higher People's Court to extend the trial period of intellectual property cases. [Edit this paragraph] [Fourth Civil Trial Division] 1. Trial of maritime cases of first and second instance.
2. Trial of first and second instance contracts between legal persons, contracts between legal persons and other organizations, and infringement cases involving foreign affairs, Hong Kong, Macao and Taiwan; To try foreign-related cases involving Hong Kong, Macao and Taiwan, such as securities, futures, bills, companies and bankruptcy in the first and second instance; Trial of first-instance and second-instance letters of credit cases.
3. Examining applications for revocation, recognition and enforcement of international arbitral awards and judgments of foreign courts.
4. Review cases involving the validity of foreign-related arbitration clauses.
5. Review and handle the cases of maritime applications for retrial against the effective judgments of higher people's courts, the cases of maritime applications for retrial against the effective judgments of intermediate people's courts and maritime courts transferred by a few filing courts, maritime administrative cases and maritime seizure cases.
6, the examination and approval of the higher people's court related cases to extend the trial period. [Edit this paragraph] [Administrative Tribunal] 1. To hear administrative cases of first and second instance and administrative compensation cases.
2, review and handle the administrative appeal cases transferred by the filing court against the effective judgment of the higher people's court and a few administrative appeal cases transferred by the filing court against the effective judgment of the grass-roots courts and intermediate people's courts.
3, the trial of the Supreme People's Procuratorate in accordance with the procedures for trial supervision of the lower people's court to make the administrative effective judgment of the case.
4, review the administrative organs to apply for enforcement of the case.
5, the examination and approval of administrative cases of higher people's court to extend the trial period. [Edit this paragraph] [the Supreme People's Court Compensation Committee Office] L. Handle the state compensation cases that should be accepted by the compensation Committee of our hospital according to law.
2, review and deal with a small number of cases transferred by the filing court refused to accept the decision of the compensation committee of the higher people's court and refused to accept the decision of the compensation committee of the intermediate people's court.
3. Handle the daily affairs of the Remuneration Committee and implement the matters decided by the Remuneration Committee. [Edit this paragraph] [Trial Supervision Court] 1. To hear criminal and civil (excluding intellectual property rights and maritime affairs) cases protested by the Supreme People's Procuratorate. The effective judgment made by the lower people's court in accordance with the procedure of trial supervision; According to the procedure of trial supervision, hear the cases in which the Supreme People's Procuratorate protested against all kinds of effective judgments of our court; The higher people's court shall, in accordance with the procedure of trial supervision, report to the court for approval of the trial of criminal cases with reduced sentence; To approve cases in which the defendant intentionally committed a crime during the suspended execution of the death penalty and should be executed.
2, review and deal with all kinds of cases that have taken legal effect in our hospital and the filing court considers that they meet the conditions for filing; Examining and handling criminal and civil cases (except intellectual property rights and maritime affairs) that have been rejected by the Higher People's Court for review or retrial, and continuing to appeal to our court and apply for retrial, which is considered by the filing court to meet the conditions for filing; Review and handle a few criminal and civil cases (except intellectual property rights and maritime affairs) that have not been reviewed by the higher people's courts, but the original judgment meets the conditions for filing.
3. Review and handle all kinds of cases assigned by the leaders and leading organs of our hospital that refuse to accept the effective judgment of our hospital, as well as criminal and civil cases (excluding intellectual property rights and maritime affairs). ) cases in which the people's courts at lower levels make effective judgments.
4, the higher people's court for examination and approval of civil retrial cases to extend the trial period. [Edit this paragraph] [Executive Board] 1. To implement the legal documents that came into effect in the first instance in the Supreme People's Court and other effective legal documents that should be executed by the Supreme People's Court according to law, and organize or participate in the execution of major and difficult cases in lower courts when necessary.
2. The parties who handle the case refuse to accept the detention or fine decision made by the Higher People's Court during the execution, and apply to our court for reconsideration in accordance with the provisions of the Civil Procedure Law.
3, review and supervise the implementation of the case transferred by the filing court in the process of illegal execution or negative execution cases put forward by the parties or outsiders.
4. Coordinate and handle disputes between courts in the process of execution across provinces (autonomous regions and municipalities directly under the Central Government); Coordinate the handling of sudden violent anti-law incidents during the implementation process; Coordinate and handle cases submitted by the Higher People's Court that conflict between the enforcement court and the public security, procuratorial, industrial and commercial, banking, taxation, customs, military and other relevant departments or other law enforcement agencies in the course of enforcement.
5. Organize unified law enforcement actions by national courts. [Edit this paragraph] [Laboratory] 1. Preside over the meetings of the judicial committee, conduct research summarizing the trial experience, and handle other matters related to the trial work.
2, the drafting of judicial interpretation and related organization, coordination, compilation and other work.
3. Drafting comprehensive documents and reports.
4. Responsible for judicial statistics.
5, responsible for macro investigation and research work.
6. Participate in legislative activities, study and collect opinions on draft laws, regulations and rules.
7, the people's court at a lower level and the relevant departments to answer the question of the application of law.
8. Handling or coordinating legal affairs involving Hong Kong, Macao and Taiwan.
9. To guide the work of juvenile courts.
10, dealing with human rights affairs.