Law

The Supreme People's Court issues typical cases of upgraded jurisdiction

2025-07-30   

Higher level jurisdiction is a clearly defined jurisdiction system in China's three major procedural laws, and is an important tool for higher-level courts to supervise and guide the trial work of lower level courts. It is of great significance for strengthening the construction of the trial level restraint and supervision system. On July 29th, in order to thoroughly implement the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Trial Work in the New Era" on the major reform deployment of "improving the system of case escalation jurisdiction, retrial and trial, and giving full play to the function of higher-level courts in unified legal application and preventing local protection", further play the role of typical case demonstration guidance, normative guidance and value orientation, and enhance the standardization, accuracy and enthusiasm of courts at all levels in applying the system of escalation jurisdiction, the Supreme People's Court announced four typical cases of escalation jurisdiction with accurate legal application, appropriate judgment guidance and outstanding demonstration significance. The Supreme People's Court has stated that for similar cases that are prone to occur frequently and in large quantities in related fields, representative cases will be elevated to higher levels of jurisdiction, effectively forming exemplary judgments, and promoting the unified, efficient, and proper resolution of classified disputes. For example, the Intermediate People's Court of Lishui City, Zhejiang Province, upgraded and tried the "Series of Trademark Infringement Disputes between a Certain Industrial Company and Yunhe Toy Co., Ltd.". Through the review of typical cases and mediation, the compensation standards for intellectual property infringement cases in the same batch were determined, successfully resolving the series of disputes. The case released this time clarifies the rules for judging new types of cases. For new types of cases within the jurisdiction, by elevating the jurisdiction of the higher court, the judgment ideas and standards are clarified, and the first case demonstration effect is exerted to provide rule guidance for lower courts to hear similar cases. For example, the case of "Wan Mouyuan and others engaged in illegal business activities" raised by the Intermediate People's Court of Leshan City, Sichuan Province, involves the determination of the nature of buying and selling foreign exchange through virtual currency as a trading medium. It belongs to a new type of crime committed using new technologies and means. Through the higher-level court's raised trial, the determination of the nature of the criminal behavior is clarified, which is conducive to unifying the judgment standards and maintaining national financial security. The case released this time also reflects the court's effective prevention of local protectionism in accordance with the law. For some cases involving local interests and customs, the higher-level court will have jurisdiction over them, with a higher political stance and stronger judicial authority, effectively preventing local protection and safeguarding the legitimate rights and interests of the people. For example, the Intermediate People's Court of Jinhua City, Zhejiang Province, upgraded and tried the case of "a child of a married woman suing a street office for not fulfilling their resettlement compensation responsibilities", which properly resolved the conflict and dispute over whether the "married woman" and her children could enjoy the compensation and resettlement benefits of the villagers, effectively preventing grassroots administrative departments from making differential treatment of the "married woman" and her children in the demolition compensation plan, and ensuring equal protection of the legitimate rights and interests of relevant groups. For some foreign-related civil and commercial cases involving international treaties, higher-level courts shall exercise jurisdiction to ensure the accurate application of international treaties. For example, the Intermediate People's Court of Xiamen City, Fujian Province, upgraded the case of "Dispute over Air Cargo Transport Contract between a Multinational Express Company and a Xiamen Trading Co., Ltd." and clarified the application path of international treaties in the field of air transport through upgraded jurisdiction, which is conducive to the equal protection of the legitimate rights and interests of Chinese and foreign parties, promoting the improvement of the accurate application mechanism of international treaties and international practices, and helping to create a rule of law business environment. Next, the Supreme People's Court will continue to guide people's courts at all levels to standardize the application of the hierarchical jurisdiction system, improve and perfect supporting institutional mechanisms, combine with the construction of the people's court case library, strengthen the transformation and promotion of hierarchical jurisdiction cases, further play the leading, exemplary and guiding functions of typical cases, and ensure high-quality development and high-level security through strict and fair judicial services. (New Society)

Edit:Momo Responsible editor:Chen zhaozhao

Source:Guangming Net

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