[法学]国际商法2.ppt

Business Law Hou Xingzheng Second Part: Court system and jurisdiction of court in China After studying this part, you should be able to: distinguish jurisdiction between different levels; Know differences among ordinary territorial jurisdiction, special territorial jurisdiction, exclusive jurisdiction, and jurisdiction by agreement in practice; Know system of “second instance is final” in China. Get command of skills how to take advantage of civil procedure to provide professional service for your client in China. 2.1 second instance is final 2.1.1 The First Instance Based on the Civil Procedure Law, the first instance courts can be the basic courts, the intermediate courts and the high courts. Usually, the Supreme Court doesn’t try cases of first instance, do you know Why? China is very large, and economic development level in various regions is totally different. The same level courts in various provinces have different standards to set their jurisdiction. If any party doesn’t want to accept the first instance decision, it has the right to appeal to the higher court. In 2004, in the whole country, the number of first instance over criminal case, civil case and administrative case respectively was 644248, 4303744 and 92192. Figure 2-2 2.1.2 The Second Instance The decision of the second instance is final Initiation of the second instance. As for Chinese parties, the appeal period is 15 days. As for foreign parties, the appeal period is 30 days. The appeal petition shall be submitted through the People’s court which originally tried the case. If a party appeals directly to a people’s court of second instance, the said court should within 5 days transmit the appeal petition to the people’s court which originally tried the case. Four different results of the second instance. As stipulated by the Civil Procedure Law, after trying a case on appeal, the people’s court of second instance shall, in the light of the following situations, dispose of