China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	PROVISIONS OF THE SUPREME PEOPLE'S COURT ON THE JURISDICTION OF THE PEOPLE'S COURTS OVER CASES IN THE XINJIANG CONSTRUCTION AND PRODUCTION CORPS

	(Announcement of the Supreme People's Court (No. 4 [2005] of the Supreme People's Court), May 24, 2005: adopted at the 1340th meeting of the Judicial Committee of the Supreme People's Court on January 13, 2005, and shall come into force as of June 6, 2005)


SUBJECT : COURT JURISDICTION; XINJIANG CONSTRUCTION AND PRODUCTION CORPS
ISSUING DEPARTMENT : THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 05/24/2005
IMPLEMENT DATE : 06/06/2005
LENGTH : 734 words
TEXT :

According to the provisions of Article 3 of the Decision of the Standing Committee of the National People's Congress on Establishing the People's Courts and the People's Procuratorates in the Xinjiang Construction and Production Corps, we hereby notify the provisions on the jurisdiction of the people's courts at all levels over cases in the Xinjiang Construction and Production Corps (hereinafter referred to the Corps) as follows:

Article 1. The people's courts at the grass-root level and the intermediate people's courts in the Corps shall have jurisdiction over cases of the local grass-roots people's courts at the level and the intermediate people's courts respectively, handling all kinds of cases within the Corps.

The Corps branch court of the Higher People's Court of the Sinkiang Uygur Autonomous Region shall have jurisdiction over the first instance cases, appellate cases and any other cases within the Corps that are originally subject to the jurisdiction of the Higher People's Court, and the judgment and arbitration thereof shall be deemed as the judgment and arbitration of the Higher People's Court of the Sinkiang Uygur Autonomous Region. However, those appellate cases, in which the defendants are sentenced to death penalty (including death penalty with a suspension of execution) and death penalty review cases shall be handled by the Higher People's Court of the Sinkiang Uygur Autonomous Region.

Article 2. A criminal case of the first instance, in which the people's procuratorate of the Corps institutes a prosecution, shall be subject to the jurisdiction of the people's court of the Corps.

The jurisdiction of the people's courts of the Corps on the criminal cases of private prosecution of the first instance, the criminal cases of the second instance and re-hearing criminal cases shall be governed by the relevant provisions of the Criminal Procedure Law.

Article 3. The people's courts of the Corps shall have jurisdiction over the following civil cases:

(1) Cases that happen within the arable area;

(2) Cases that happen in the urban area and, in which, the two parties concerned are both the citizens, legal persons or any other organizations in the Corps;

(3) Cases that happen in the urban area and, in which, one party concerned is a citizen, legal person or any other organization in the Corps and the habitation of the defendant is in the working district, living district or administrative district of the Corps.

The jurisdictional power over those cases that are in line with the requirements of agreement on the selection of forum or exclusive jurisdiction shall be determined by the relevant provisions of the Civil Procedure Law.

Article 4. Any administrative case, in which an administrative organ of the Corps is the defendant, shall be under the jurisdiction of the people's court of the Corps where the said administrative organ is located and the jurisdiction thereof shall be governed by the provisions of the Administrative Procedure Law.

Article 5. Those foreign-related cases within the jurisdiction of the Corps shall be under the jurisdiction of the people's courts of the Corps. The court that administers a foreign-related case shall be determined by the Corps branch court of the Higher People's Court of the Sinkiang Uygur Autonomous Region according to the relevant provisions of the Supreme People's Court.

Article 6. In the event of any dispute between the people's court of the Corps at any level and the people's court of the Sinkiang Uygur Autonomous Region at any level shall be settled through negotiation by both parties. Where the dispute fails to be settled through negotiation, it shall be reported to the Higher People's Court of the Sinkiang Uygur Autonomous Region for the determination of jurisdiction.

Article 7. The appellate court for the first instance cases that are handled by the Corps branch court of the Higher People's Court of the Sinkiang Uygur Autonomous Region shall be the Supreme People's Court.

Article 8. For any judgment or ruling that is made by the Corps branch court of the Higher People's Court of the Sinkiang Uygur Autonomous Region for a re-trial case, the Higher People's Court of the Sinkiang Uygur Autonomous Region may not make any more review.

Article 9. The present Provisions shall come into force as of the date of promulgation. For those provisions of the Supreme People's Court on the jurisdiction of the people's court of the Corps over cases that conflict with the present Provision, if any, the present provisions shall prevail.