Page 10 - 2017 Policy Watch
P. 10
icy Watch: The Circuit Courts of the Supreme People鈥檚 Court
Court pursuant to the law. According to the Interpretation related to Hong Kong, Macao, and Taiwan, mainly include
of the Supreme People鈥檚 Court on Application of the cases involving service of legal documents, investigation
Criminal Procedural Law of the People鈥檚 Republic of China, and evidence collection, transfer of proceeds of crimes,
Article 373, criminal petition cases shall be reviewed and acknowledgement of judgments, transfer of criminals, etc.
handled by courts of final appeal. For petition cases that
have not been reviewed and handled by the courts of final Foreign-related commercial cases (exclusive of Hong
appeal, the circuit courts may notify the petitioners to Kong, Macao and Taiwan) shall be tried or handled by the
petition the courts of final appeal or directly transfer the Supreme People鈥檚 Court, but foreign-related civil cases
cases to the courts of final appeal for review and handling such as foreign-related marriage, inheritance, etc., shall be
and notify the petitioners of the same. The circuit courts tried by the circuit courts.
may directly review and handle difficult, complicated and
major cases. Other cases that the Supreme People鈥檚 Court holds
should be tried or handled by the circuit courts may also be
The third category are cases involving procedural tried by the circuit courts.
issues, primarily including cases where a party refuses to
accept the decision on fine or detention made by a high
people鈥檚 court and applies for reconsideration; cases where
a high people's court requests the Supreme People鈥檚 Court
to render a ruling or make a decision on jurisdictional
issues; and cases where a high people鈥檚 court requests
approval of an extension of the time limit for trial.
One thing to note is that for cases involving disputes
over jurisdiction between courts to be accepted by the
circuit courts, the parties shall be within the same circuit
area. For example, a dispute over jurisdiction between the
Intermediate People鈥檚 Court of Guangzhou, Guangdong
Province and the Intermediate People鈥檚 Court of Guilin,
Guangxi Zhuang Autonomous Region may be reported
to the First Circuit Court to determine the jurisdiction;
if the parties are not within the same circuit area, such
as a dispute over jurisdiction between the Intermediate
People鈥檚 Court of Guangzhou, Guangdong Province and the
Intermediate People鈥檚 Court of Nanjing, Jiangsu Province,
then the jurisdiction shall be determined by the Supreme
People鈥檚 Court.
The fourth category are civil and commercial cases
and judicial assistance cases related to Hong Kong, Macao,
and Taiwan. To facilitate litigation for residents of Hong
Kong, Macao and Taiwan and to make it easier to carry
out judicial assistance, civil and commercial cases and
judicial assistance cases related to Hong Kong, Macao, and
Taiwan these cases are included in the working scope of
the Circuit Courts, among which, judicial assistance cases
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Court pursuant to the law. According to the Interpretation related to Hong Kong, Macao, and Taiwan, mainly include
of the Supreme People鈥檚 Court on Application of the cases involving service of legal documents, investigation
Criminal Procedural Law of the People鈥檚 Republic of China, and evidence collection, transfer of proceeds of crimes,
Article 373, criminal petition cases shall be reviewed and acknowledgement of judgments, transfer of criminals, etc.
handled by courts of final appeal. For petition cases that
have not been reviewed and handled by the courts of final Foreign-related commercial cases (exclusive of Hong
appeal, the circuit courts may notify the petitioners to Kong, Macao and Taiwan) shall be tried or handled by the
petition the courts of final appeal or directly transfer the Supreme People鈥檚 Court, but foreign-related civil cases
cases to the courts of final appeal for review and handling such as foreign-related marriage, inheritance, etc., shall be
and notify the petitioners of the same. The circuit courts tried by the circuit courts.
may directly review and handle difficult, complicated and
major cases. Other cases that the Supreme People鈥檚 Court holds
should be tried or handled by the circuit courts may also be
The third category are cases involving procedural tried by the circuit courts.
issues, primarily including cases where a party refuses to
accept the decision on fine or detention made by a high
people鈥檚 court and applies for reconsideration; cases where
a high people's court requests the Supreme People鈥檚 Court
to render a ruling or make a decision on jurisdictional
issues; and cases where a high people鈥檚 court requests
approval of an extension of the time limit for trial.
One thing to note is that for cases involving disputes
over jurisdiction between courts to be accepted by the
circuit courts, the parties shall be within the same circuit
area. For example, a dispute over jurisdiction between the
Intermediate People鈥檚 Court of Guangzhou, Guangdong
Province and the Intermediate People鈥檚 Court of Guilin,
Guangxi Zhuang Autonomous Region may be reported
to the First Circuit Court to determine the jurisdiction;
if the parties are not within the same circuit area, such
as a dispute over jurisdiction between the Intermediate
People鈥檚 Court of Guangzhou, Guangdong Province and the
Intermediate People鈥檚 Court of Nanjing, Jiangsu Province,
then the jurisdiction shall be determined by the Supreme
People鈥檚 Court.
The fourth category are civil and commercial cases
and judicial assistance cases related to Hong Kong, Macao,
and Taiwan. To facilitate litigation for residents of Hong
Kong, Macao and Taiwan and to make it easier to carry
out judicial assistance, civil and commercial cases and
judicial assistance cases related to Hong Kong, Macao, and
Taiwan these cases are included in the working scope of
the Circuit Courts, among which, judicial assistance cases
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