Hierarchical jurisdiction refers to the division of labor and authority between the higher and lower courts to accept civil cases of first instance according to certain standards. There are four levels of courts in China, namely, grass-roots people's courts, intermediate people's courts, higher people's courts and the Supreme People's Court, and each level accepts civil cases of first instance. Our country mainly determines the level jurisdiction according to the nature, complexity and influence of the case. In practice, the amount of the disputed object is often an important basis for determining the level jurisdiction, but the standards for the amount of the disputed object determined by local people's courts are different.
1. The Intermediate People's Court has jurisdiction over the following civil cases of first instance:
1. Major foreign-related cases (including cases involving Hong Kong, Macao and Taiwan). The so-called foreign-related cases refer to civil cases with foreign factors, such as the plaintiff or defendant is a foreigner and the property involved is in a foreign country. The so-called major foreign-related cases refer to foreign-related cases in which the subject matter of the dispute is large, the case is complex, or the number of parties living abroad is large or the parties belong to multiple nationalities.
2. Cases with significant influence in this area. The so-called cases with great influence in this jurisdiction generally refer to cases with great influence in politics or economy. A case with great political influence mainly refers to that the litigant or the subject matter of the lawsuit and the people or things involved in the subject matter have great political influence, such as that the litigant is an important member of the party, government and military circles or a deputy to the National People's Congress. Cases that have a significant impact on the economy mainly refer to cases in which the subject matter of litigation is relatively large and the disputed legal relationship involves the implementation of national economic policies.
3. Cases determined by the Intermediate People's Court in the Supreme People's Court. At present, such cases mainly include maritime and maritime cases, patent disputes and trademark infringement cases. Maritime and maritime cases can only be under the jurisdiction of maritime courts (maritime courts are at the same level as ordinary intermediate courts), and other courts cannot have jurisdiction; Patent dispute cases can only be under the jurisdiction of the intermediate people's court where the provincial government is located and the intermediate people's courts in Qingdao, Dalian and various special economic zones. Other courts have no jurisdiction.
2. What are the differences between hierarchical jurisdiction and territorial jurisdiction?
1. Territorial jurisdiction is different from hierarchical jurisdiction. Level jurisdiction vertically divides the authority and division of labor between the upper and lower people's courts to accept civil cases of first instance, and solves the problem of which level people's court should be under the jurisdiction of a civil case; Regional jurisdiction horizontally divides the authority and division of labor between people's courts at the same level to accept civil cases of first instance, and solves the problem of which people's court should be under the jurisdiction of a civil case.
2. However, they are related. Regional jurisdiction is divided on the basis of hierarchical jurisdiction, and regional jurisdiction can only be determined on the premise that hierarchical jurisdiction is clear; In order to finally determine the jurisdiction court of a case, it is necessary to further implement the court of appeal through regional jurisdiction after determining the level jurisdiction.
3. The territorial jurisdiction is mainly determined according to the domicile of the parties, the location of the subject matter of litigation or the location of legal facts. That is, the domicile of the parties, the place where the subject matter of litigation or legal facts occurred, and the court jurisdiction where the result is located, the case will be under the jurisdiction of the local people's court.
III. The scope of exclusive jurisdiction in China is as follows:
1. Litigation arising from real estate disputes shall be under the jurisdiction of the court where the real estate is located.
2. A lawsuit arising from a port operation shall be under the jurisdiction of the court in the port operation place.
3. The lawsuit brought by inheriting the estate shall be under the jurisdiction of the domicile of the decedent or the location of the main estate (determined by the value).
Legal basis:
Civil Procedure Law of the People's Republic of China
Article 17 Basic people's courts shall have jurisdiction over civil cases of first instance, except as otherwise provided by this Law.
Article 18 The Intermediate People's Court shall have jurisdiction over the following civil cases of first instance:
(1) Major foreign-related cases
(2) Cases with significant influence within its jurisdiction
(3) Cases that the Supreme People's Court has determined to be under the jurisdiction of the Intermediate People's Court.