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How long does it usually take to transfer the jurisdiction of the court?
1. An application for transfer of jurisdiction shall meet the following conditions:
1. The people's court has accepted it. If the case that has not been accepted does not belong to the jurisdiction of our court after examination, there is no problem of transferring jurisdiction, and the parties concerned shall be informed to bring a lawsuit to the people's court with jurisdiction.
2. The people's court accepting the case has no jurisdiction over this case. Only people's courts with jurisdiction according to law have the right to exercise judicial power, so people's courts without jurisdiction have no right to hear cases.
3. The people's court that accepts the transferred case has jurisdiction according to law. This is the requirement for the court to transfer the case, that is, it can not be transferred at will, but only to the people's court with jurisdiction.
Second, the difference between jurisdiction transfer and jurisdiction transfer:
1, the premise is different, the transfer of jurisdiction is decided or agreed by the superior court, and the transfer of jurisdiction does not need to accept the consent of the transferring court;
2, different objects, jurisdiction transfer is jurisdiction, jurisdiction transfer is a case;
3. The courts are different, and the jurisdiction is transferred from the court with jurisdiction to the court without jurisdiction, but the transfer of jurisdiction is just the opposite;
4, different levels, the transfer of jurisdiction is between the superior and inferior courts, and the transfer of jurisdiction can be between the courts at the same level or between the superior and inferior courts;
5. The functions are different. The transfer of jurisdiction is a supplement and flexibility to the level jurisdiction, and the transfer of jurisdiction is mainly for error correction.
6, for different reasons, the transfer of jurisdiction is to solve the inconvenience of trial; The case is complex, involving a wide range, and it is difficult for the court to hear. The reason for transferring jurisdiction is that the court accepting the case has no jurisdiction.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 149 A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
Article 161 When a people's court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case.
Article 176 The people's court shall conclude an appeal case against the judgment within three months from the date of filing the case of second instance. If there are special circumstances that need to be extended, it should be approved by the president of our hospital. When the people's court hears an appeal case against the ruling, it shall make a final ruling within 30 days from the date of filing the case of second instance.
Article 180 A case tried by a people's court through special procedures shall be concluded within 30 days from the date of filing the case or within 30 days after the expiration of the public announcement. If there are special circumstances that need to be extended, it should be approved by the president of our hospital. Except for the qualification of voters in the hearing.
Article 182 After accepting a case of voter qualification, the people's court must conclude it before the election day.
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