Page 8 - 2017 Policy Watch
P. 8
icy Watch: The Circuit Courts of the Supreme People’s Court
(2) civil and commercial cases of the first instance with 3. Four major categories of cases handled by the
a significant nationwide impact; circuit courts
(3) appeal cases filed against administrative or civil The first category are administrative or civil and
and commercial judgments or rulings of the first instance commercial cases of the first instance that should be
rendered by high people’s courts; tried by the Supreme People’s Court, mainly referring to
the cases that should be tried by the Supreme People’s
(4) cases of retrial against effective administrative or Court in the first instance pursuant to the provisions of
civil and commercial judgments, rulings, or mediation the Administrative Procedural Law or the Civil Procedural
agreements rendered by high people’s courts; Law, generally, major and complicated administrative
cases of the first instance nationwide; and civil and
(5) criminal petition cases; commercial cases of the first instance with significant
impact nationwide. Whether the case of the first instance
(6) cases that are retried according to statutory authority; of this category should be accepted by the circuit courts
shall be determined seriously by examining the degree of
(7) cases where a party refuses to accept the decision significance and complication, the degree of attention paid
of a fine or detention made by a high people’s court and by the society, the impact of local protectionism and other
applies for reconsideration; elements into comprehensive consideration. Currently,
there are very few cases of the first instance of this category,
(8) cases where a high people’s court requests the which may remain unchanged in the future.
Supreme People’s Court render a ruling or make a decision
on jurisdictional issues; The second category include appeals filed against
administrative or civil and commercial judgments or
(9) cases where a high people’s court requests approval rulings of the first instance rendered by a high people's
of the extension of the time limit for trial; courts; the cases of retrial against effective administrative
or civil and commercial judgments, rulings, or mediation
(10) civil and commercial cases and judicial assistance agreements rendered by a high people's courts; criminal
cases related to Hong Kong, Macao, and Taiwan; and petition cases; and the cases that are retried according
to statutory authority. These cases currently take a large
(11) other cases that the Supreme People’s Court proportion of the cases handled by the Supreme People’s
decides should be tried or handled by the circuit courts. Court. Delegating the circuit courts to try these cases,
helps mitigating the pressure of trial work of the Supreme
Cases concerning intellectual property rights, People’s Court and facilitates litigation of the parties.
foreign-related commerce, maritime affairs and maritime
commerce, death penalty review, state compensation, It is noteworthy that at present, the circuit courts
and enforcement and cases where the Supreme People’s temporarily do not handle the cases of death penalty
Procuratorate files protests shall be temporarily tried or review, nor do they try criminal cases of the first and second
handled by the Supreme People’s Court in Beijing. instances and the criminal cases where high people’s courts
request approval of sentencing under statutory sentences
In general, there are four major categories of cases and where high people’s courts request approval of special
handled by the circuit courts. parole, etc. However, to facilitate the parties and their legal
representatives and close relatives to make petitions and
8 to timely rectify cases involving unjust, false and wrong
charges, the circuit courts shall accept criminal petition
cases that should be accepted by the Supreme People’s
(2) civil and commercial cases of the first instance with 3. Four major categories of cases handled by the
a significant nationwide impact; circuit courts
(3) appeal cases filed against administrative or civil The first category are administrative or civil and
and commercial judgments or rulings of the first instance commercial cases of the first instance that should be
rendered by high people’s courts; tried by the Supreme People’s Court, mainly referring to
the cases that should be tried by the Supreme People’s
(4) cases of retrial against effective administrative or Court in the first instance pursuant to the provisions of
civil and commercial judgments, rulings, or mediation the Administrative Procedural Law or the Civil Procedural
agreements rendered by high people’s courts; Law, generally, major and complicated administrative
cases of the first instance nationwide; and civil and
(5) criminal petition cases; commercial cases of the first instance with significant
impact nationwide. Whether the case of the first instance
(6) cases that are retried according to statutory authority; of this category should be accepted by the circuit courts
shall be determined seriously by examining the degree of
(7) cases where a party refuses to accept the decision significance and complication, the degree of attention paid
of a fine or detention made by a high people’s court and by the society, the impact of local protectionism and other
applies for reconsideration; elements into comprehensive consideration. Currently,
there are very few cases of the first instance of this category,
(8) cases where a high people’s court requests the which may remain unchanged in the future.
Supreme People’s Court render a ruling or make a decision
on jurisdictional issues; The second category include appeals filed against
administrative or civil and commercial judgments or
(9) cases where a high people’s court requests approval rulings of the first instance rendered by a high people's
of the extension of the time limit for trial; courts; the cases of retrial against effective administrative
or civil and commercial judgments, rulings, or mediation
(10) civil and commercial cases and judicial assistance agreements rendered by a high people's courts; criminal
cases related to Hong Kong, Macao, and Taiwan; and petition cases; and the cases that are retried according
to statutory authority. These cases currently take a large
(11) other cases that the Supreme People’s Court proportion of the cases handled by the Supreme People’s
decides should be tried or handled by the circuit courts. Court. Delegating the circuit courts to try these cases,
helps mitigating the pressure of trial work of the Supreme
Cases concerning intellectual property rights, People’s Court and facilitates litigation of the parties.
foreign-related commerce, maritime affairs and maritime
commerce, death penalty review, state compensation, It is noteworthy that at present, the circuit courts
and enforcement and cases where the Supreme People’s temporarily do not handle the cases of death penalty
Procuratorate files protests shall be temporarily tried or review, nor do they try criminal cases of the first and second
handled by the Supreme People’s Court in Beijing. instances and the criminal cases where high people’s courts
request approval of sentencing under statutory sentences
In general, there are four major categories of cases and where high people’s courts request approval of special
handled by the circuit courts. parole, etc. However, to facilitate the parties and their legal
representatives and close relatives to make petitions and
8 to timely rectify cases involving unjust, false and wrong
charges, the circuit courts shall accept criminal petition
cases that should be accepted by the Supreme People’s
