by LONG Weidi
July 2009
Chinese (Mainland) Court System |
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Courts of General Jurisdiction |
Courts of Special Jurisdiction |
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Note:
(a) Cases involving the application of CISG are usually heard in the courts of general jurisdiction.
(b) CISG may also come into play in the maritime courts if a given maritime case concerns disputes over
international sale of goods. The maritime courts are subject to the supervision of their Superior High
People's Courts and the Supreme People's Court.
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Supreme
People's Court (Zuigao Renmin Fayuan) |
The Supreme People's Court rules on appeals against judgments at first
instance by High People's Courts on international and interregional civil
and commercial cases, including cases involving the application of the
CISG. |
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| The Supreme People's Court supervises the trial of international and
interregional civil and commercial cases in lower courts including the High
People's Courts and Maritime Courts. | ||
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High
People's Courts Renmin Fayuan) |
The High People's Courts decide at first instance significant international
and interregional civil and commercial cases within their territorial
jurisdiction, including cases involving the application of the CISG. The
significance of a given case is usually measured by the amount of the
subject matter. | |
| The High People's Courts rule on appeals against judgments on
international and interregional civil and commercial cases, including cases
involving the application of the CISG, by inferior maritime courts and
particular Intermediate People's Courts at first instance. | ||
| The High People's Courts supervise the trial of international and
interregional civil and commercial cases in lower courts including the
Maritime Courts and particular Intermediate People's Courts. | ||
| The High People's Courts decide about the enforcement of relevant
Chinese (Mainland) judgments in international and interregional civil and
commercial matters in accordance with Article 201 of the Civil Procedure
Act (amended in 2007) and the judicial interpretations thereon. The High
People's Courts also decide about the recognition and enforcement of
relevant foreign judgments in civil and commercial matters in accordance
with Article 3(5) of the Supreme People's Court's Interpretation on
Jurisdiction over International Civil and Commercial Cases (Fashi [2002]
No.5). | ||
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Intermediate
People's Courts (Zhongji Renmin Fayuan) |
The Intermediate People's Courts designated by Article 1 of the Supreme
People's Court's Interpretation on Jurisdiction over International Civil and
Commercial Cases (Fashi [2002] No.5) decide at first instance
international and interregional civil and commercial cases within their
territorial jurisdiction, including cases involving the application of the CISG.
These cases are usually less significant than those in their Superior High
People's Courts in terms of the amount of the subject matter. | |
| The Intermediate People's Courts rule on appeals against judgments on
international and interregional civil and commercial cases, including cases
involving the application of the CISG, by particular Basic People's Courts
at first instance. | ||
| The Intermediate People's Courts decide about the enforcement of
relevant Chinese (Mainland) judgments in international and interregional
civil and commercial matters in accordance with Article 201 of the Civil
Procedure Act (amended in 2007) and the judicial interpretations thereon.
The Intermediate People's Courts designated by Article 1 of the Supreme
People's Court's Interpretation on Jurisdiction over International Civil and
Commercial Cases (Fashi [2002] No.5) decide about the recognition and
enforcement of relevant foreign judgments in civil and commercial matters
in accordance with Article 3(5) of the Supreme People's Court's
Interpretation on Jurisdiction over International Civil and Commercial
Cases (Fashi [2002] No.5). | ||
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Basic
People's Courts (Jiceng Renmin Fayuan) |
The Basic People's Courts designated by Article 1 of the Supreme
People's Court's Interpretation on Jurisdiction over International Civil and
Commercial Cases (Fashi [2002] No.5) decide at first instance
international and interregional civil and commercial cases within their
territorial jurisdiction, including cases involving the application of the CISG.
These cases are usually less significant than those in their superior
Intermediate People's Courts in terms of the amount of the subject matter. | |
| The Basic People's Courts decide about the enforcement of relevant Chinese (Mainland) judgments in international and interregional civil and commercial matters in accordance with Article 201 of the Civil Procedure Act (amended in 2007) and the judicial interpretations thereon. The Basic People's Courts designated by Article 1 of the Supreme People's Court's Interpretation on Jurisdiction over International Civil and Commercial Cases (Fashi [2002] No.5) decide about the recognition and enforcement of relevant foreign judgments in civil and commercial matters in accordance with Article 3(5) of the Supreme People's Court's Interpretation on Jurisdiction over International Civil and Commercial Cases (Fashi [2002] No.5). |