What level does the financial court belong to?

With the continuous advancement of governing the country according to law, litigation has become more and more common, and courts have become more and more familiar to the public. Everyone is familiar with their local grass-roots courts, intermediate courts, high courts, and the highest-level Supreme Court, which is also the normal state of our country's second-instance four-level court system. However, there are also some special courts (I don't use the title of special courts here because some are not special courts), which are caused by social and economic development, historical reasons or other reasons.

The following article introduces some existing special courts in China one by one, which will help you understand these courts.

I. Military courts

The military court is a special people's court established by the army, which was reformed from the military law offices at all levels of the whole army. Including the military courts of China People's Liberation Army, district-level units and group army units. Military courts are responsible for hearing military-related criminal and civil cases (mainly criminal cases), and a four-level system of second instance is adopted. At the same time, military courts are also in charge of military judicial administration, under the guidance of the Ministry of Justice and the Supreme People's Court.

Due to the particularity of military courts and the uniqueness of the cases involved, military courts themselves are not open to the public (usually located in military areas), and the cases involved are generally not suitable for publicity, so many people don't know, even if they know, they have never seen what military courts are like.

The author has never done or heard of any lawyer who has participated in the defense or agency of cases in military courts, perhaps because of its particularity, it is not suitable for social lawyers to participate.

Second, the maritime court

The maritime court is a specialized court dealing with maritime cases. The scope of accepting cases is the following cases between legal persons and citizens in China, between legal persons and citizens in China, between legal persons and citizens in foreign countries or regions, and between legal persons and citizens in foreign countries or regions: (1) Maritime tort disputes; (2) Cases of maritime contract disputes; (3) Other maritime cases; (4) Maritime law enforcement cases. (5) Cases of maritime claims for preservation. The jurisdiction of maritime courts is determined by the Supreme People's Court according to the distribution characteristics of China's sea areas and ports, and is not limited by land administrative divisions. The maritime court is at the same level as the intermediate people's court, and the trial work is supervised by the local higher people's court, which has jurisdiction over its appeal cases. The maritime court shall be responsible to the Standing Committee of the Municipal People's Congress where it is located.

The maritime court is an intermediate court, which only has jurisdiction over maritime and maritime cases (belonging to the civil and commercial category) and does not have jurisdiction over criminal cases. The maritime court implements a three-level and two-instance system of final adjudication, and there is no grass-roots organizational system. The higher court of the maritime court is the local higher people's court.

At present, there are 1 1 maritime courts in China, namely Beihai Maritime Court, Dalian Maritime Court, Guangzhou Maritime Court, Haikou Maritime Court, Ningbo Maritime Court, Qingdao Maritime Court, Shanghai Maritime Court, Tianjin Maritime Court, Wuhan Maritime Court, Xiamen Maritime Court and Nanjing Maritime Court.

Third, the railway transport court.

The Railway Transport Court developed from the former specialized courts along the railway and was renamed as "Railway Transport Court" on 1955. Later, after restructuring and merger, it was reduced a lot. At present, there are two levels of railway transport courts: intermediate and grassroots. The court at the next higher level of the Intermediate People's Court of Railway Transport is the local higher people's court, which implements a four-level system of two trials and final adjudication.

At the end of June, 20 12, 7 railway intermediate courts and 58 railway grass-roots courts were completely restructured, completely separated from railway enterprises and placed under the local court system. At this point, the "specialization" color of the railway transport court has been greatly weakened. According to the "Several Provisions on the Jurisdiction of Railway Transport Courts" issued by the Supreme People's Court 12 in August, the current railway transport courts have jurisdiction over civil and criminal cases involving railway transport, railway safety, railway property and other fields; In addition, the high courts of all provinces, autonomous regions and municipalities directly under the Central Government may also designate railway transport courts within their respective jurisdictions to have jurisdiction over other types of civil cases. As a result, the jurisdiction of railway courts in various places is varied, not limited to railway cases; In addition to the characteristics of cross-regional setting, the specialization of railway courts has almost disappeared.

Four, agricultural reclamation court, forest court, mining court, oilfield court.

In 1980s and 1990s, China established agricultural, forestry, mining and oil field courts. However, with the changes of the times, some agricultural and forestry oil field courts have been transformed into local courts, which have been completely renamed by the administrative regional planning of agricultural and forestry oil fields (for example, the Liaohe People's Court in Liaoning Province was formerly the Liaohe Oil Field Court, and the Dongying People's Court in Dongying City merged with the Shengli Oil Field People's Court). Even if individual agricultural reclamation courts, mining area courts and forest area courts retain their original names (such as Heilongjiang Provincial Agricultural Reclamation Intermediate People's Court, Heilongjiang Provincial Forest Area Intermediate People's Court, Shuangyashan Forest Area People's Court, Shijiazhuang jingxing mining area People's Court and Shanxi Yangquan Mining Area People's Court, etc.), they are no different from local courts. These courts have the same types of cases as local courts, including civil, criminal and administrative cases.

Verb (abbreviation for verb) financial court

Financial court is the product of social and economic development, which is set up by the state to meet the needs of economic development, and is generally set up in national or local financial centers. The financial court belongs to the intermediate court level, which has jurisdiction over civil and commercial cases involving finance and administrative cases of first instance, as well as some appeal cases involving financial judgments, and does not hear criminal cases.

At present, the only financial court in China is the Shanghai Financial Court, which was established on August 20, 20 18. It mainly governs the first-instance civil and commercial cases that should be accepted by the Shanghai Intermediate People's Court, the first-instance financial administrative cases with the financial supervision institution as the defendant, the first-instance financial civil cases and financial administrative cases related to the performance of financial market infrastructure with Shanghai as the defendant or the third person as the third person, and the first-instance financial civil cases tried by the Shanghai Basic People's Court.

Although there are no financial courts in some places, there are financial courts in the courts, such as Nanchang, Jiangxi, Hangzhou, Zhejiang, Shenzhen, Guangdong and Beijing.

Intellectual property court of intransitive verbs

Intellectual Property Court is a judicial institution set up in the Central Committee of the Communist Party of China's Decision on Comprehensively Deepening Reform, in order to strengthen the application and protection of intellectual property rights and improve the incentive mechanism of scientific and technological innovation. It is also the product of economic and social development. The jurisdiction of intellectual property courts is not limited to local establishment, but has the characteristics of cross-administrative regions. It mainly hears civil and commercial cases of intellectual property rights in the first instance, not administrative cases and criminal cases. At present, China has established three intellectual property courts, namely Guangzhou Intellectual Property Court, Shanghai Intellectual Property Court and Beijing Intellectual Property Court.

Seven. Court of the Internet

Internet courts also came into being to meet the needs of economic and social development. With the development of network technology and the arrival of mobile Internet era, the network has become an important carrier of people's life, study and consumption, and the vigorous development of network economy has prompted the emergence of Internet courts.

Internet courts have centralized jurisdiction over specific types of Internet-related first-instance cases within the city's jurisdiction, explored the establishment of a trial model adapted to the Internet era, and promoted the whole process of litigation such as prosecution, mediation, filing, trial, judgment and execution. Innovation conforms to the procedural rules of Internet trials and establishes standardized and intelligent trial modes for all kinds of cases. Adapt to the requirements of the information age, give play to the advantages of cross-regional trials, and facilitate the parties to participate in litigation.

At present, China has established three Internet courts, namely Beijing Internet Court, Guangzhou Internet Court and Hangzhou Internet Court.

Eight. others

In order to develop the economy and attract investment, some places have opened up some economic development zones or tourist attractions, and on this basis, some corresponding courts have been established. For example, in recent years, more than 30 development zone courts have sprung up in China (such as Yangzhou Economic and Technological Development Zone People's Court, Zhanjiang Economic and Technological Development Zone People's Court, Weihai Economic and Technological Development Zone People's Court, etc.). ); 1994165438+10, the People's Court of Science City was established in Sichuan (later changed to Mianyang Economic and Technological Development Zone Court of Sichuan Province); 1In June, 1995, Hubei established the People's Court of Three Gorges Dam Area in Yichang City; In August 2009, Jiangxi established the Lushan People's Court, and so on.