In order to smoothly implement the adjustment of the case jurisdiction of the relevant courts after the establishment of the Tianjin Third Intermediate People's Court and achieve a smooth and orderly transition of case filing, trial and execution work, according to the "Organization of the People's Courts of the People's Republic of China Law of the People's Republic of China, Criminal Procedure Law of the People's Republic of China, Civil Procedure Law of the People's Republic of China, Administrative Procedure Law of the People's Republic of China, etc., as well as the regulations of the higher authorities on the establishment of the Tianjin Municipal No. These regulations are formulated based on the decision of the Third Intermediate People's Court and the actual situation of the courts in this city.
1. Jurisdiction adjustment time and area (1) On April 1, 2019, the Tianjin No. 3 Intermediate People’s Court began to accept cases, and the Tianjin No. 1 and No. 2 Intermediate People’s Courts adjusted their jurisdiction. Specifically: Tianjin No. 1 Intermediate People's Court has jurisdiction over Heping District, Nankai District, Hongqiao District, Xiqing District, Wuqing District, Baodi District and Jizhou District in accordance with the law. Cases that should be under the jurisdiction of the Intermediate People's Court and the Tianjin Railway Transport Court Civil cases of first instance appealed from civil cases designated by our court in accordance with the law; Tianjin No. 2 Intermediate People's Court has jurisdiction over Hedong District, Hexi District, Hebei District, Jinnan District, Beichen District and Jinghai District according to law and cases that should be under the jurisdiction of the Intermediate People's Court ; Tianjin No. 3 Intermediate People's Court has jurisdiction over Binhai New Area, Dongli District, and Ninghe District in accordance with the law. Cases that should be under the jurisdiction of the Intermediate People's Court and cases involving patents, new plant varieties, integrated circuit layout designs, and technical secrets that occurred within the jurisdiction of this city , computer software, first instance intellectual property civil and administrative cases involving well-known trademark recognition and monopoly disputes. (2) The Tianjin Second Intermediate People’s Court’s court in the Tianjin Port Free Trade Zone will no longer accept cases in the original jurisdiction from April 1, 2019. (3) On April 1, 2019, the Tianjin No. 1 Intermediate People’s Court has jurisdiction over commutation and parole cases in Tianjin Prison, Tianjin Hexi Prison, Tianjin Women’s Prison, and Tianjin Xiqing Prison in accordance with the law; Tianjin No. 2 Intermediate People’s Court The court has jurisdiction over commutation and parole cases in Tianjin Yangliuqing Prison, Tianjin Juvenile Correctional Institution, Tianjin Liyuan Prison, and Tianjin Ligang Prison in accordance with the law; Tianjin No. 3 Intermediate People's Court has jurisdiction over Tianjin Kangning Prison and Tianjin Jinxi Prison in accordance with the law. Commutation and parole cases in its sub-prisons, Tianjin Changtai Prison and Tianjin Binhai Prison. (4) Centralized Jurisdiction 1. Tianjin No. 3 Intermediate People’s Court shall have jurisdiction in accordance with the law over first-instance disputes involving patents, new plant varieties, integrated circuit layout designs, technical secrets, computer software, well-known trademark recognition and monopoly disputes occurring within the jurisdiction of this city. Intellectual property civil and administrative cases. The jurisdictional scope of the Heping District People's Court and the Binhai New Area People's Court regarding intellectual property cases will not be adjusted. 2. The Hongqiao District People's Court has centralized jurisdiction over self-compensation cases in the grassroots people's courts within the jurisdiction of the Tianjin No. 1 Intermediate People's Court in accordance with the law. The Jinnan District People's Court has centralized jurisdiction over self-compensation cases in the grassroots people's courts within the jurisdiction of the Tianjin Second Intermediate People's Court in accordance with the law. The Binhai New Area People's Court has centralized jurisdiction over self-compensation cases in the grassroots people's courts within the jurisdiction of the Tianjin Third Intermediate People's Court in accordance with the law.
2. Handling of Case Jurisdiction Issues During the Transition Period (5) The principles for handling case jurisdiction issues during the transition period are legality, convenience, stability and orderliness. (6) The Tianjin No. 1 and No. 2 Intermediate People’s Courts have received first-instance filing and enforcement materials such as the indictment and application, but if the case has not been filed before April 1, 2019, the case shall continue to be reviewed and handled, and shall not be changed due to jurisdictional adjustment. Return the case filing materials to the parties or transfer them to a court with jurisdiction after adjustment. If the statutory time limit for appeals, protests, applications, appeals, etc. from a judgment or decision made by a basic people's court expires before April 1, the parties and the procuratorate shall file an appeal, protest, or complaint with the intermediate people's court that has jurisdiction when the judgment or decision is made. Applications, complaints, etc.; if the legal period expires after April 1, the parties and the procuratorate should file appeals, counter-appeals, applications, complaints, etc. with the new Intermediate People's Court with jurisdiction. For case filing materials submitted to the intermediate people's court through the basic people's court, the basic people's court shall transfer them to the intermediate people's court with jurisdiction in accordance with the provisions of paragraph 2 of this article. (7) The case filing reception personnel of the relevant courts should take the initiative to explain to the parties the courts with jurisdiction over the relevant cases during the transition period of the Intermediate People's Court of this city.
(8) If the deadline for case appeal, protest, application, appeal, etc. exceeds April 1, 2019, the relevant grassroots people's court should clearly inform the parties at the end of the judgment, decision and other documents of the competent court that will exercise the right to litigate after the jurisdiction adjustment. (9) If the first-instance cases accepted by the Tianjin No. 1 and No. 2 Intermediate People's Court before April 1, 2019, are really necessary to be transferred to the basic people's courts that are no longer within the jurisdiction of this court after April 1, 2019, It should be reported to the Tianjin Higher People's Court for designation of jurisdiction. (10) If the Tianjin First and Second Intermediate People's Courts remand the case for retrial, order retrial and then appeal or protest, the Intermediate People's Court with jurisdiction after adjustment shall have jurisdiction.
3. Other provisions (11) Relevant courts shall accept cases in a timely manner in accordance with the law, and shall not artificially delay the filing of cases or the handling of relevant litigation matters due to adjustments in jurisdiction. If it is necessary to remand the case to the original court for retrial or order the original court to retry, it should be strictly controlled to prevent inappropriate remands or instructions for retrial. If serious consequences are caused by human-made problems, the relevant courts and personnel will be held accountable. (12) If these regulations involve dates, "before" does not include today, and "after" includes today. (13) If disputes over case jurisdiction and related issues that arise during the transition period cannot be reached through negotiation between the relevant people's courts, they will be reported to the Tianjin Higher People's Court for coordination and resolution. (14) Tianjin Higher People’s Court is responsible for the interpretation of these regulations.