Source:http://www.court.gov.cn/fabu-xiangqing-14970.html
Supreme People's Court Notification on the Release of the "Several Rules on the People's Courts' Case Numbering" and Associated Standards
Law (2015) No. 137
To all operational units of this court; all high courts of provinces, autonomous regions, and directly governed municipalities; military courts of the People's Liberation Army, branch courts of the Xinjiang Uighur Autonomous Region Construction and Production Corps:
The 1645th meeting of the adjudication committee of the Supreme People's Court has passed the "Several Rules Regarding Case Numbers Used By People's Courts" (hereinafter the rules) and accompanying standards, are hereby released.
Promptly report circumstances and issues discovered in implementation to the Supreme People's Court.
Contact: Office of the Research and Statistics Office of the Supreme People's Court Work
Contact Methods: 010-67557245 (phone) 67557208 (fax)
5/13/2015
Several Rules Regarding Case Numbers Used by People's Courts
These rules are made in order to unify the formation, usage and management of the People’s Courts’ case numbers in accordance with the relevant laws, administrative regulations, judicial interpretations, regulative documents of the Supreme People’s Court, and current practices.
I. General Provisions
Article 1: Article 1 “Case number(s)” referred to in these rules are brief symbols used to identify the category and order of the cases decided by courts at each level in China's judicial hierarchy, formed from Chinese characters, Arabic numerals and parentheses.
Article 2: The basic elements of a case number are: Year of Acceptance, Court Code, Category Code, and Case Number.
"Year of Acceptance" means the calendar year when a case is accepted, and is indicated by Arabic numerals.
"Court Code" means the brief symbol of the court hearing a case and is indicated by Chinese characters and Arabic numerals.
"Category Code" means the abbreviation of the category of a case, indicated by Chinese characters.
"Case Number" is the sequential number assigned in accordance with the date when a case was accepted by the court and is indicated by Arabic numerals.
Article 3: The arrangement of the basic elements shall be: “(“+year of acceptance+”)” + court code + Category code + case number + “number”.
The case number for each case shall be unique.
II. Court Codes
Article 4: The Court code for the Supreme People’s Court is “SPC” [最高法].
The court code of the high court of each province, autonomous region and municipality directly under the Central Government is identical to the abbreviation of the province, autonomous region or municipalities where it is located, except for those courts provided for in the third clause.
The Court codes for the High People’s Court of the Inner Mongolia Autonomous Region, Military Courts of the People's Liberation Army, and the Branch Court of the High People’s Court of Xinjiang Uygur Autonomous Region Production and Construction Corps are Inner [内], Military [军], and Corps [兵] respectively.
Article 5: The Court codes of intermediate courts and basic level courts are formed by the codes of the high court above them and their respective numerical codes.
The numerical codes of intermediate and basic level courts shall be respectively indicated by either two or four Arabic numerals, and comply with the following rules:
(1) The intermediate courts established according to prefecture-level areas, e.g. prefecture-level municipalities, regions, autonomous prefectures and leagues; and basic level courts established according to county-level areas, e.g. counties, autonomous counties, county-level cities, banners, autonomous banners, municipal districts, forestry districts and special districts, shall be assigned numeral codes identical to the middle two numbers or the last four numbers of the code of their corresponding administrative area (i.e. the tiered code consisting of 3 tiers and 6 numbers);
(2) The intermediate courts under the municipalities directly under the Central Government, the Military Court of the People's Liberation Army, and the Branch Court of the High People’s Court of Xinjiang Uygur Autonomous Region in the Production and Construction Corps shall be assigned numeral codes from 01 to 20.
(3) The specialized intermediate courts for railways, the admiralty, intellectual property, oil fields, forestry, and agricultural cultivation under the high courts of provinces, autonomous regions and municipalities directly under the Central Government; the intermediate courts with jurisdictions that cross administrative borders and that are governed by high courts of provinces and autonomous regions; and the intermediate courts established for courts of the county level administrative areas directly led by provinces (autonomous regions) shall be assigned numeral codes 71, 72, 73, 74, 75-80, 81-85, 87-95 and 96-99.
(4) The basic level courts under the Military Court of the People's Liberation Army and under the Branch Court of High People’s Court of Xinjiang Uygur Autonomous Region in the Production and Construction Corps, and the basic level courts for railways, oil fields, forestry, and agricultural cultivation that are under specialized intermediate courts (within the jurisdiction of the same high court) for railways, oil fields, forestry, and agricultural cultivation shall be assigned a four digit numerical code with the first two digits being identical to the first two numbers of their respective intermediate courts, and the last two digits ranging from 01 to 40.
(5) If a prefecture-level municipality does not have county-level administrative areas under it, the basic level courts under its intermediate court shall be assigned four digit numerical codes whose first two digits will be identical to the intermediate court, and the last two digits will range from 71 to 80.
(6) For those basic level railway courts that are located within the jurisdiction of the same high court and do not have an intermediate railway court above them, their four digit numerical codes shall begin with the numbers '86,' and the last two digits of the code will range from 01 to 20.
(7) The basic level forestry and agricultural cultivation courts for whom the intermediate courts above them are not forestry or agricultural cultivation courts, and the basic level courts established specially for development zones, new areas, parks, reservoir areas and mining areas shall be assigned a four digit numerical code whose first two digits are identical to the intermediate court above them, and the last two digits will range from 91 to 99.
The intermediate and basic level courts mentioned in No. 2-7 of the clauses above, when under the same high court or intermediate court, shall receive a digit as required by certain factors including the order of establishment and the organizational system of the relevant courts.
Article 6: The unified management of personnel, funds and property is the standard for identifying which province, autonomous region or municipality’s high court is above an intermediate or basic level court.
“The intermediate court above ” as mentioned in No.7, second clause of Article 5 means the intermediate court that principally hears the relevant basic level court’s appellate cases.
III. Category codes
Article 7: In identifying the Category code of a case, the factors to be considered are the characters of the relevant legal issues and the procedure applied to the case.
The Category code shall be brief and shall appropriately reflect the core characteristic of the category, using no more than three Chinese characters.
The Category code for each case category shall be unique.
Article 8: When a case is consolidated or uses more than one kind of procedure is used, the category code shall be determined by the issue that must be decided first and the procedure applied to that issue.
IV. Case numbers
Article 9: The numbers of the cases shall be counted separately for the cases heard by different courts, or cases heard by the same court but belonging to different categories.
Article 10: The numbers for cases under the same Category code shall be numbered according to the order of acceptance by presiding courts within the same calendar year with sequential natural numbers, except as provided in the next clause.
The case number for criminal cases under review shall consist of a fixed length of eight numbers, which shall be formed randomly by the court hearing the review case. Sequential numbering is not allowed.
V. Management of Case Numbers
Article 11: The basic elements, specifications and rules for the formation of case numbers shall be uniformly formulated by the Supreme People’s Court.
Article 12: Article 12 The Court codes for the High People’s Courts of the provinces, autonomous regions and municipalities directly under the Central Government, the Military Court of the People's Liberation Army, and the Branch Court of High People’s Court of Xinjiang Uygur Autonomous Region Production and Construction Corps, and of the intermediate courts and basic level court below them shall be announced regularly and uniformly by the Supreme People’s Court.
Article 13: When administrative areas have changed but their corresponding intermediate and basic level courts have not been adjusted accordingly, the Court codes shall be formed in compliance with the code of the administrative area before the change occurred.
When changes in the circumstances specified in the second clause of Article 5 result in changes to the intermediate or basic level courts, the codes of courts shall be formed according to the changed circumstances and in compliance of the rules in Article 5.
Article 14: The Supreme People’s Court shall make separate rules for the categories of cases and their codes in detail.
Article 15: When the formulation, modification or abolishment of laws or administrative regulations cause changes in the categorization of cases, the Supreme People’s Court shall modify the categories of cases and the codes assigned to them in a timely manner.
When the Supreme People’s Court’s formulation, modification or abolishment of judicial interpretations or regulative documents might cause changes in the categorization of cases, the categories of cases and the codes assigned to them shall be adjusted accordingly.
Article 16: The department responsible for accepting cases or similar duties in each court shall be responsible for the specific formation of case numbers for each case.
VI. Supplementary Provisions
Article 17: Article 17 These rules shall enter into force on January 1st, 2016.
These rules shall preempt the previous regulations issued by the Supreme People’s Court concerning case numbers that are inconsistent with these rules.
For the cases that have been assigned case numbers before these rules come into force and have not been finished by the effective date, their case numbers are not changed by these rules.
Appendix 1:People's Courts' Standards for Case Categories and their Codes
Appendix 2:Chart of Court Codes from all Levels
Appendix 3:《人民法院案件收、立案信息登记表》
Appendix 1:
People's Courts' Standards for Case Categories and their Codes
Case Category | Category Code |
I. Jurisdiction Cases | |
(1) Cases concerning criminal jurisdiction | |
01. Elevated jurisdiction of criminal cases 02. Designation of jurisdiction in criminal cases | Criminal Jurisdiction (刑辖) |
(2) Cases concerning civil jurisdiction | |
01. Elevated jurisdiction for civil cases 02.Designation of jurisdiction in civil cases 03.Transfer of jurisdiction in civil cases 04. Consultation cases for civil jurisdiction | Civil Jurisdiction (民辖) |
05. Appellate cases on civil jurisdiction | Final Civil Jurisdiction (民辖终) |
06. Supervision cases on civil jurisdiction | Supervision Civil jurisdiction (民辖监) |
(3) Cases concerning Administrative Jurisdiction | |
01. Administrative cases of elevated jurisdiction 02. Designation of jurisdiction in administrative cases | Administrative Jurisdiction (行辖) |
03. Appellate cases on administrative jurisdiction | Final administrative jurisdiction (行辖终) |
(4) Cases concerning jurisdiction for administrative compensation | |
01. Designation of jurisdiction in administrative compensation cases 02. Consultation cases on jurisdiction for administrative compensation | Compensation Jurisdiction (赔辖) |
03. Appellate cases on jurisdiction for administrative compensation | Final Compensation Jurisdiction |
II. Criminal Cases | |
(1) First-instance criminal cases | Initial Criminal (刑初) |
(2) Second-instance Criminal Cases | Final Criminal (刑终) |
(3) Criminal Trial Supervision Cases | |
01. Review cases concerning criminal retrials initiated by a court based on its powers | 刑监 |
02.Review cases concerning criminal retrials initiated in response to an application | 刑申 |
03.Review cases concerning retrial initiated by procuratorial appeal | 刑抗 |
04.Criminal retrial cases | 刑再 |
(4) Cases concerning applications for confiscation of unlawful gains | 刑没 |
(5) Criminal re-examination Cases | |
01. Death penalty re-examination cases 02. Re-examination of sentencing to a criminal penalty below the statutory penalty 03 . Re-examination on special parole | 刑核 |
(6) Compulsory Treatment Cases | |
01. Review cases on applications for compulsory treatment | 刑医 |
02.Review cases on terminations of compulsory treatment | 刑医解 |
03.Reconsideration cases on compulsory treatment | 刑医复 |
04.Supervision cases for compulsory treatment | 刑医监 |
(7) Cases on Stopping Implementation of the Death Penalty | |
01. Review cases in response to an application for stopping a death sentence 02.Cases concerning stopping a death sentence based on a court’s powers | 刑止 |
03.Investigation cases about suspending a death sentence | 刑止调 |
04. Review cases on investigations into stopping a death sentence | 刑止核 |
(8) Cases Concerning Modification of Penalties and Enforcement | |
01.Review cases concerning modification of penalties and enforcement | 刑更 |
02.Supervision cases on modification of penalties or enforcement | 刑更监 |
03. Recording the modification of penalty and enforcement | 刑更备 |
(9)Other Criminal Cases | 刑他 |
III. Civil Cases | |
(1) First-instance civil cases | 民初 |
(2) Second-instance Civil trials | 民终 |
(3) Civil Trial Supervision Cases | |
001. Review cases concerning retrials initiated by a court based on its powers | 民监 |
002. Review cases concerning retrials initiated in response to an application | 民申 |
03.Review cases concerning civil retrials initiated by procuratorial appeal | 民抗 |
04.Civil Retrial Cases | 民再 |
(4) Third-Party Revocation of lawsuit Cases | 民撤 |
(5) Cases Applying Special Procedures | |
01.Voter eligibility cases 02. Missing person declaration and death declaration cases 03. Cases handling property administrators’ applications for change of designation 04.. Cases of determining civil competency of citizens 05. Cases handling objections to the designation of guardians 06. Cases involving modification of guardianship 07. Cases of determining unclaimed property 08.Cases of security interest realization 09.Cases of confirming mediation agreements 10.Cases of constituting a limitation fund for maritime claims liability 11.Cases of registering maritime creditors' rights and repayment of debt 12.Cases of revoking arbitration awards | 民特 |
13.. Supervision cases on civil special procedures | 民特监 |
(6) Exhortation cases | |
01. Cases of vessel priority notices 02.Cases of Announcement to Urge Declaration of Claims | 民催 |
(7) Cases of Urging Debt Repayment | |
01. Review cases concerning applications for order for payment | 民督 |
02.Cases concerning supervision of order for payment | 民督监 |
(8) Bankruptcy Cases | |
01.Bankruptcy liquidation cases 02.Bankruptcy restructuring cases 03.Bankruptcy settlement cases | 民破 |
(9) Compulsory Liquidation Cases | 民算 |
(10) Other Civil Cases | 民他 |
IV. Administrative Cases | |
(1) First-instance Administrative Trial Cases | 行初 |
(2) Second-instance administrative cases | 行终 |
(3) Supervision cases on administrative judgments | |
01. Review cases concerning retrials initiated by a court based on its powers | 行监 |
02.Review cases concerning retrials initiated in response to an application | 行申 |
03.Review cases concerning retrials initiated by procuratorial appeal | 行抗 |
04. Administrative retrial cases | 行再 |
(4) Administrative (Non-Litigation) Review Cases | |
01.Non-litigation review cases of applications for enforcing administrative actions | 行审 |
02. Reconsideration cases of non-litigation review cases of applications for enforcing administrative actions | 行审复 |
(5) Other Administrative Cases | 行他 |
V. State Compensation and Judicial Relief Cases | |
(1) Administrative compensation cases | |
01.First-instance administrative compensation cases | 行赔初 |
02. Second-instance administrative compensation cases | 行赔终 |
03.Review cases on administrative compensation concerning retrials initiated by a court based on its powers | 行赔监 |
04. Review cases on administrative compensation concerning retrials initiated in response to an application | 行赔申 |
05. Review cases on administrative compensation concerning retrials initiated by procuratorial appeal | 行赔抗 |
06. Administrative compensation retrial cases | 行赔再 |
(2) Judicial Compensation Cases | |
01. Cases where the court is the organ with a compensation obligation and makes payment itself. | 法赔 |
02.Compensation cases handled by compensation committees | 委赔 |
03.Supervision cases on judicial compensation | 委赔监 |
04.Supervision cases of judicial compensation reheard by the compensation committee of a higher court | 委赔提 |
05.Supervision cases of judicial compensation reheard by the compensation committee of the same court | 委赔再 |
(3) Other Compensation Cases | 赔他 |
(4) Judicial Aid Cases | |
01. Criminal judicial aid cases | 司救刑 |
02. Civil judicial aid cases | 司救民 |
03. Administrative judicial aid cases | 司救行 |
04. State compensation judicial assistance cases | 司救赔 |
05, Enforcement judicial aid cases | 司救执 |
06. Judicial aid in petition cases involving litigation | 司救访 |
(5) Other judicial aid cases | 司救他 |
VI. Inter-region judicial assistance cases | |
(1) Review cases on Applications for Recognition and Enforcement | |
01. Review cases concerning applications for recognition and enforcement of judicial judgments from Taiwan region 02. Review cases concerning applications for recognition and enforcement of arbitral awards from Taiwan region | 认台 |
03. Review cases concerning applications for recognition and enforcement of judicial judgments from Hong Kong SAR 04. Review cases concerning applications for recognition and enforcement of arbitral awards from Hong Kong SAR | 认港 |
05. Review cases concerning applications for recognition and enforcement of judicial judgments from Macao SAR 06. Review cases of applications for recognition and enforcement of arbitral awards from Macao SAR | 认澳 |
07. Reconsideration cases concerning review cases of recognition and enforcement | 认复 |
08. Other cases concerning review of recognition and enforcement | 认他 |
(2) Cases Concerning Service of Process | |
01. Review cases concerning applications for requesting Taiwan region courts to serve process | 请台送 |
02. Review cases concerning applications for requesting Hong Kong SAR courts to serve process | 请港送 |
03. Review cases concerning applications for requesting Macao SAR courts to serve process | 请澳送 |
04. Review cases concerning requests to serve process from Taiwan region courts 05. Cases concerning assisting Taiwan region courts to serve process | 台请送 |
06. Review cases concerning requests to serve process from Hong Kong SAR courts 07. Cases concerning assisting Hong Kong SAR courts to serve process | 港请送 |
08. Review cases concerning requests to investigate from Macao SAR courts 09. Cases concerning assisting Macao SAR courts to serve process | 澳请送 |
(3) Cases of investigation and collection of evidence | |
01.Review cases concerning applications for requesting Taiwan region courts to investigate | 请台调 |
02. Review cases concerning applications for requesting Hong Kong SAR courts to investigate | 请港调 |
03. Review cases concerning applications for requesting Macao SAR courts to investigate | 请澳调 |
04. Review cases concerning requests to investigate and collect evidence from Taiwan region courts 05. Cases concerning assisting Taiwan region courts to investigate and collect evidence | 台请调 |
06. Review cases concerning requests to investigate from Hong Kong SAR courts 07. Cases concerning assisting Hong Kong SAR courts to investigate and collect evidence | 港请调 |
08. Review cases concerning requests to investigate and collect evidence from Macao SAR courts 09. Cases concerning assisting Macao SAR courts to investigate and collect evidence | 澳请调 |
(4) Cases Concerning Transfer of Sentenced Persons | |
01. Cases of receiving persons sentenced in Taiwan region | 请移管 |
02. Cases of transferring sentenced persons to the Taiwan region | 助移管 |
(5) Cases Concerning Transfer of Illegally Obtained Property | |
01. Cases of receiving illegally obtained property from Taiwan region | 请移赃 |
02. Cases of transferring illegally obtained property to Taiwan region | 助移赃 |
VII. International Judicial Assistance Cases | |
(1) Review cases on Applications for Recognition and Enforcement | |
01. Review cases concerning applications for recognition and enforcement of foreign judicial judgments 02. Review cases concerning applications for recognition and enforcement of foreign arbitral awards | 协外认 |
03. Other cases concerning reviews of recognition and enforcement | 协他 |
(2) Cases Concerning Service of Process | |
01. Review cases concerning requests to serve process from foreign courts 02. Cases concerning assisting foreign courts to serve process | 协外送 |
03. Review cases concerning applications for requesting foreign courts to serve process | 请外送 |
(3) Cases of investigation and collection of evidence | |
01. Review cases concerning requests to investigate from foreign courts 02. Implementation of request to investigate from foreign courts | 协外调 |
03. Review cases concerning applications for requesting foreign courts to investigate | 请外调 |
(4) Cases Concerning Transfer of Sentenced Persons | |
01. Cases of receiving persons sentenced in foreign countries | 请外移 |
02. Cases of transferring sentenced persons to foreign countries | 协外移 |
(5) Extradition cases | |
01. Cases requesting extradition from abroad | 请外引 |
02. Foreign extradition assistance case | 协外引 |
VIII. Judicial Sanctions Cases | |
(1) Review cases on judicial sanctions | |
01. Judicial detention cases 02. Judicial fines cases | 司惩 |
(2) Reconsideration cases on judicial sanctions | 司惩复 |
IX. Review cases on preservation that does not involve litigation | |
(1) Review cases on preservation of assets not involved in litigation | 财保 |
(2) Review cases on preserving conduct not involved in litigation | 行保 |
(3) Reconsideration cases concerning preservation of acts not involved in litigation | 行保复 |
(4) Review of cases on preservation of evidence not involved with litigation | 证保 |
X. Enforcement Cases | |
(1) Cases on enforcement implementation | |
01. Initial enforcement cases | 执 |
02.Resumed enforcement cases | 执恢 |
03.Property preservation enforcement cases | 执保 |
(2) Enforcement Review Cases | |
01.Enforcement objection cases | 执异 |
02. Enforcement reconsideration cases | 执复 |
03.Enforcement supervision cases | 执监 |
004. Enforcement coordination cases | 执协 |
(3) Other Enforcement Cases | 执他 |
Appendix 2:Chart of Court Codes from all Levels
[Explanation]:
(1) the local courts at various levels in this table are divided into 7 types, respectively represented by 1-7 where:
"1" means high, intermediate and basic level courts established according to administrative regions;
"2" means the intermediate courts of directly controlled municipalities and intermediate courts of provinces and autonomous regions that cross administrative regions.
"3" means specialized intermediate and basic-level courts railway, maritime, intellectual property rights, forestry, oil, agriculture and rural reclamation;
"4" means basic-level courts specially established for areas such as development zones,new districts, park areas, reservoir areas and mines that are not administrative regions;
“5”表示为省(自治区)直辖县级行政区划人民法院对应设立的中院;
“6”表示为未设县级行政区划的地级市中级法院对应设立的基层法院;
“7”表示中国人民解放军军事法院、新疆维吾尔自治区高级人民法院生产建设兵团分院及所辖中级、基层法院。
(二)虽然《规定》第六条规定:确定中级、基层法院的所属各省、自治区、直辖市高院,以人、财、物统一管理为标准。但此项改革尚未落实,故上表仅作为法院代字标准使用,不作为将来确定人、财、物统一管理的依据。
(三)上表所列法院名称系按照《最高人民法院关于地方各级人民法院和专门人民法院印章管理的规定》(法发[2002]10号)确定。
(四)此次发布的全国法院代字表是在各高院呈报(截至2015年4月9日)的基础上编定,行政区划代码参考中华人民共和国民政部编制《中华人民共和国乡镇行政区划简册(2015)》以及民政部官网2015年5月发布的《2015年3月中华人民共和国县以上行政区划代码》。
(五)行政区划变更而法院尚未相应调整的,2016年1月1日起法院进行相应调整后,相关法院应按《规定》重新编制法院代字。
(六)法院代字与办理案件的法院名称一一对应,变更后也不再应用于其他法院。
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