Because some prefecture-level cities in China are not divided into districts, such as Guangdong City, Hainan City, and Tangshan City, and they must establish intermediate people's courts. In addition, the administrative offices are not divided into districts, so they are called Intermediate courts are established in regions.

Article 23 of the "Organic Law of the People's Courts of the People's Republic of China" stipulates that intermediate people's courts include:

1. Established by region within provinces and autonomous regions Intermediate People's Court of the People's Republic of China;

2. Intermediate People's Court established in a municipality directly under the Central Government;

3. Intermediate People's Court of a municipality under the jurisdiction of a province or autonomous region;

4 , Autonomous Prefecture Intermediate People's Court.

Among them, the courts in item (2) "Intermediate People's Courts established in municipalities directly under the Central Government": usually the first Intermediate People's Court and the Second Intermediate People's Court are set up in the district-level basic people's courts according to the region. And so on.

1. Civil cases under the jurisdiction of the Intermediate People’s Court

my country’s Intermediate People’s Courts include: Intermediate People’s Courts established by region in provinces and autonomous regions; Intermediate People’s Courts established in municipalities directly under the Central Government ; Intermediate People's Courts of municipalities under the jurisdiction of provinces and autonomous regions; Intermediate People's Courts of autonomous prefectures.

Article 19 of my country’s Civil Procedure Law: The Intermediate People’s Court has jurisdiction over the following first-instance civil cases:

(1) Major foreign-related cases;

(2) Cases with significant impact in the jurisdiction;

(3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.

Major foreign-related cases refer to foreign-related cases in which the subject matter of the dispute is large, or the case is complex, or there are a large number of parties living abroad. Having a significant impact in this jurisdiction means that the impact of the case exceeds the jurisdiction of the basic courts and has a significant impact in the jurisdiction of the intermediate or above-intermediate courts.

The cases determined by the Supreme People’s Court to be under the jurisdiction of the Intermediate People’s Court include the following categories:

(1) Maritime and maritime cases. Such cases are under the jurisdiction of the Maritime Court. Currently, Maritime courts have been established in Guangzhou, Xiamen, Shanghai, Wuhan and other places. Maritime courts are all intermediate courts, and their scope of cases is determined by the Supreme Court;

(2) Patent dispute cases, including patent disputes Administrative cases and patent civil cases. Patent civil cases include disputes arising from patent infringement, transfer of patent rights, patent licensing, etc. Patent civil cases are under the jurisdiction of the intermediate courts where provincial governments are located and the intermediate courts in Qingdao, Dalian and various special economic zones;

(3) Major cases involving Hong Kong, Macao and Taiwan.

In addition, according to the "Regulations on the Jurisdiction of People's Courts at All Levels in Beijing to Accept First-Instance Civil and Economic Dispute Cases" promulgated by the Beijing Higher People's Court, the jurisdiction of the Intermediate People's Court in Beijing is:

(1) The intermediate court has jurisdiction over the following first-instance civil and economic dispute cases:

1. Foreign-related, Hong Kong-, Macao- and Taiwan-related disputes involving a dispute amount of more than 500,000 yuan and less than 80 million yuan Civil cases;

2. Real estate cases where the amount in dispute is more than 5 million yuan but less than 100 million yuan;

3. Other civil cases where the amount in dispute is more than 2.5 million yuan but less than 100 million yuan Cases;

4. Foreign-related, Hong Kong, Macao and Taiwan-related economic dispute cases with the dispute amount between 5 million yuan and less than 80 million yuan;

5. The dispute amount is 5 million yuan Other economic dispute cases of more than RMB 100 million;

6. Labor dispute cases that are not subject to arbitration by the Municipal Labor Dispute Arbitration Commission;

7. The superior court deems that the case should be arbitrated by this court cases before the court.

II. Opinions of the Supreme People's Court on Several Issues Concerning the Application of the "Civil Procedure Law of the People's Republic of China"

1. Article 19(1) of the Civil Procedure Law The major foreign-related cases specified in this item refer to foreign-related cases in which the subject matter of the dispute is large, or the case is complex, or there are a large number of parties living abroad.

2. Patent dispute cases shall be under the jurisdiction of the Intermediate People’s Court determined by the Supreme People’s Court.

Maritime and commercial cases are under the jurisdiction of the Maritime Court.

3. The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the provisions of Article 19 (2) and Article 20 of the Civil Procedure Law, proceed from the actual local conditions, and decide whether the case is complex or simple, Based on the amount of the subject matter of litigation, the impact on the local area, etc., opinions on the level of jurisdiction of first-instance cases within the jurisdiction shall be submitted to the Supreme People's Court for approval.

Extended information

According to the "Organic Law of the People's Courts of the People's Republic of China":

Intermediate People's Courts include: by region within provinces and autonomous regions Intermediate People's Courts established; Intermediate People's Courts established in municipalities directly under the Central Government; Intermediate People's Courts in municipalities under the jurisdiction of provinces and autonomous regions; Intermediate People's Courts in autonomous prefectures. The cases under its jurisdiction include major foreign-related cases; cases with significant impact in the jurisdiction; cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.

Chapter 2: The Establishment and Powers of the People’s Courts

Article 12 The People’s Courts are divided into:

(1) The Supreme People’s Court;

(2) Local people's courts at all levels;

(3) Specialized people's courts.

Article 13: Local people's courts at all levels are divided into higher people's courts, intermediate people's courts and basic people's courts.

Article 14 The organization, case jurisdiction, and appointment and dismissal of judges of the People's Court established in the Xinjiang Production and Construction Corps shall be in accordance with the relevant regulations of the Standing Committee of the National People's Congress.

Article 15 Specialized people's courts include military courts, maritime courts, intellectual property courts, financial courts, etc.

The establishment, organization, powers and appointment and dismissal of judges of specialized people's courts shall be stipulated by the Standing Committee of the National People's Congress.

Article 16 The Supreme People's Court shall hear the following cases:

(1) First-instance cases that are under its jurisdiction according to the law and that it deems should be under its jurisdiction;

(2) Appeals and protests against judgments and rulings of the Higher People’s Court;

(3) Appeals and protests filed in accordance with the provisions of the Standing Committee of the National People’s Congress;

(4) Retrial cases filed in accordance with trial supervision procedures;

(5) Death penalty cases submitted for approval by the Higher People’s Court.

Article 17, except where the death penalty is decided by the Supreme People’s Court in accordance with the law, it shall be submitted to the Supreme People’s Court for approval.

Article 18 The Supreme People's Court may interpret issues concerning the specific application of law in trial work.

The Supreme People's Court can issue guiding cases.

Article 19 The Supreme People's Court may set up circuit courts to hear cases determined by the Supreme People's Court in accordance with the law.

The Circuit Court is an integral part of the Supreme People's Court. The judgments and rulings of the Circuit Court are those of the Supreme People's Court.

Article 20 Higher People’s Courts include:

(1) Provincial Higher People’s Court;

(2) Autonomous Region Higher People’s Court;

(3) Municipal Higher People’s Court.

Article 21 The Higher People’s Court shall hear the following cases:

(1) First-instance cases that are under its jurisdiction according to the law;

(2) First-instance cases submitted for trial by the lower People's Court;

(3) First-instance cases designated by the Supreme People's Court;

(4) Judgments and rulings of the Intermediate People's Court Appeal and protest cases;

(5) Retrial cases filed in accordance with trial supervision procedures;

(6) Death penalty cases submitted for review by the Intermediate People's Court.

Article 22 Intermediate People’s Courts include:

(1) Intermediate People’s Courts in municipalities under the jurisdiction of provinces and autonomous regions;

(2) In municipalities directly under the Central Government Intermediate People's Courts established by the State Council;

(3) Intermediate People's Courts of autonomous prefectures;

(4) Intermediate People's Courts established by region within provinces and autonomous regions.

Article 23 The Intermediate People’s Court shall hear the following cases:

(1) First-instance cases that are under its jurisdiction according to the law;

(2) First-instance cases submitted for trial by the basic people's courts;

(3) First-instance cases designated by the superior people's courts to have jurisdiction;

(4) Judgments and rulings of the basic people's courts Appeal and protest cases;

(5) Retrial cases filed in accordance with trial supervision procedures.

Article 24 Basic People’s Courts include:

(1) People’s Courts of counties and autonomous counties;

(2) People’s Courts of cities without districts ;

(3) Municipal District People’s Court.

Article 25: Basic people's courts shall hear cases of first instance, unless otherwise provided by law.

The grassroots people's courts provide professional guidance to the mediation work of the people's mediation committees.

Article 26: Basic people's courts may establish a number of people's tribunals based on the region, population and case conditions.

The People's Court is an integral part of the grassroots People's Court. The judgments and rulings of the people's courts are the judgments and rulings of the grassroots people's courts.

Article 27 The People's Court may set up necessary professional tribunals based on the needs of trial work. Intermediate people's courts and grassroots people's courts with fewer judges may have comprehensive tribunals or no tribunals.

Based on the needs of trial work, the people's courts may set up comprehensive business institutions. Intermediate People's Courts and grassroots People's Courts with a small number of judges do not need to set up comprehensive business institutions.

Article 28: The People's Court may set up necessary trial auxiliary agencies and administrative agencies based on work needs.

Chapter 3 Trial Organization of the People's Court

Article 29: Cases heard by the People's Court shall be heard by a collegial panel or by a single judge.

The scope of cases heard by collegial panels and single judges shall be stipulated by law.

Article 30: The collegial panel shall be composed of judges, or judges and people's assessors, with an odd number of three or more members.

The collegial panel is chaired by one judge. When the president or division chief participates in the trial of a case, he or she shall serve as the presiding judge.

The presiding judge presides over court hearings, organizes case reviews, and has equal rights with other members of the collegial panel when reviewing cases.

Article 31: When a collegial panel discusses a case, it shall make a decision based on the opinions of the majority, and the opinions of the minority shall be recorded in the transcript. The transcript of the case review shall be signed by all members of the collegial panel.

Article 32: Judgment documents produced by a collegial panel or a single judge hearing a case shall be issued by the People's Court after being signed by the members of the collegial panel or the single judge.

Article 33: When a collegial panel hears a case, the judge is responsible for the factual determination and application of law in the case; when a judge hears a case alone, the single judge is responsible for the factual determination and application of law in the case.

The people's courts should strengthen internal supervision. If there are any illegal situations in trial activities, they should investigate and verify them in a timely manner, and deal with them in accordance with the law according to the illegal situations.

Article 34: People's assessors shall participate in the collegial panel hearing cases in accordance with legal provisions.

Article 35: People’s courts at or above the intermediate level shall establish compensation committees to hear state compensation cases in accordance with the law.

The compensation committee shall be composed of more than three judges. The members shall be an odd number and make decisions based on the opinions of the majority.

Article 36: People’s courts at all levels shall establish judicial committees. The judicial committee shall be composed of the president, vice-president and a number of senior judges, and the number of members shall be an odd number.

Judgement committee meetings are divided into plenary meetings and professional committee meetings.

Based on the needs of trial work, the people's courts at the intermediate level and above may convene meetings of professional committees such as criminal trials and civil administrative trials in accordance with the professions and division of labor of the trial committee members.

Baidu Encyclopedia-Organic Law of the People's Court of the People's Republic of China