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Henan court rules for non-local trial of administrative cases

Henan High People's Court Provisions Regarding Issues of Non-local Jurisdiction in Administrative Cases (Provisional)

I. Non-local jurisdiction of administrative cases refers to cases designated in these provisions as having a court not at the location the defendant exercise jurisdiction, as well as administrative cases were a higher court appoints a court outside the location of the defendant to have jurisdiction.

II. The following cases implement non-local jurisdiction: 1. In cases where a people's government at the county level or above is the defendant, a basic level people's court outside the location of the defendant has jurisdiction, except those where an intermediate court has jurisdiction in accordance with law. 2. In cases where an intermediate people's court has jurisdiction and a people's government at the same level is the defendant an intermediate court outside the location of the defendant has jurisdiction. 3. Administrative cases of environmental protection.

III. The provincial court formulates a non-local jurisdiction work sharing plan for all the province's intermediate people's courts. Each intermediate people's court is responsible for formulating a non-local jurisdiction work sharing plan for the basic level courts within its jurisdiction.

IV. Parties may directly file suit with the court designated as having jurisdiction powers in Articles II and III of these provisions. Where parties file suit in the local court, the local court shall inform the party to file suit in the court that has jurisdiction powers, or after accepting the case, transfer it to the court with jurisdiction powers.

V. In addition to the cases described above, in the following circumstances a higher court may by appointment, designate a court for non-local jurisdiction. 1. In cases where the court below has jurisdiction and the party files suit directly with the court above, the court above may, after accepting the case, designate the court at the location of the defendant or another court to have jurisdiction. 2. In cases where a court below finds that itself unsuitable for hearing the case and finds that the court above must designate jurisdiction, it may request that the court above designate another court as having jurisdiction. 3. Where parties feel that it will be difficult to get a fair trial in the court for the location of the defendant, they may apply to the court accepting the case that another court have jurisdiction, and, within three days of receiving the application, the court accepting the case shall report the situation to the court above for a decision.

VI. The court for the location of the defendant shall earnestly cooperate and assist the non-local court in hearing the case, and ensure that the case is tried fairly and quickly in accordance with law.

VII. The adjudication committee for the provincial court is responsible for interpreting these provisions, which take effect from their issuance (5/27/2014).

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