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Legal Highlights

Establishment of Third Intermediate People’s Court and Third Branch of People’s Procuratorate in Beijing

2013.08.09

On July 26, 2013, Beijing Fourteenth Session of the Fifth Plenary Session of the Standing Committee appointed Suo Honggang as the President of Beijing Third Intermediate Court (“the Third Intermediate Court”) and Wang Yijun as the President of Beijing Third Branch of the People’s Procuratorate (“the Procuratorate”).

In accordance with PRC judicial system, the major responsibility of intermediate court is adjudication supervision of first instance case and trial of second instance case. However, with the development of economy, Beijing First and Second Intermediate Courts bear increasingly more trial pressure, which influences their effective function of adjudication supervision. Chi Qiang, the former President of Beijing Higher People’s Court, proposed to establish the Third Intermediate Court and the Procuratorate in 2011 Beijing People’s Congress and Beijing People’s Political Consultative Conference. In 2012, the proposal was approved by SCOPSR (State Commission Office for Public Sector Reform).

After the establishment of the Third Intermediate Court, the territorial jurisdiction of three intermediate people’s courts will be adjusted. The First Intermediate People’s Court will responsible for cases from Haidian, Shijingshan, Changping, Mentougou and Yanqing District; the Second Intermediate People’s Court will take charge in cases of Xicheng, Dongcheng, Fengtai, Fangshan and Daxing District; and the responsibility of the Third Intermediate Court is Chaoyang, Tongzhou, Shunyi, Huairou, Pinggu and Miyun Districts.

The subject matter jurisdiction of the intermediate court for the first instance civil and commercial cases is that the value of subject matter shall be at least RMB 100 million. If any party does not have a domicile in the jurisdiction, the value of subject matter shall be at least RMB 50 million.

No change on the High People’s Court in Beijing. Therefore, now in Beijing in terms of courts, if one looks at the courts at or above the intermediate level, there are three Intermediate Courts, one High People’s Court (at the provincial level) and one Supreme People’s Court at the national level.