Supreme People's Court
Notice of the Supreme People's Court Issuing the Decision on Amending the Provisions on the Causes of Civil Cases
Fa [2011] No. 41
Higher People's Courts of the Provinces, Autonomous Regions, and Municipalities Directly Under the Central Government, the PLA Military Court, Xinjiang Uygur Autonomous Region Higher People's Court Production and Construction Corps Branch:
The Decision of the Supreme People's Court on the Amendment of the Provisions on the Causes of Civil Cases is hereby issued to you. Chinese people's *** and the National Civil Procedure Law" and other laws, combined with the actual situation of the people's court civil trial work, on February 4, 2008 issued by the "civil case case regulations" to make the following changes:
I. Modification of the first level of the case 5:
1, add "part IX tort liability disputes ".
2. Deleting "Part VIII Civil Disputes Relating to Railway Transportation".
3. Changing "Part IV Disputes over Claims" to "Part IV Disputes over Contracts, Causeless Management and Unjust Enrichment".
4. Changing "Part V Intellectual Property Disputes" to "Part V Intellectual Property and Competition Disputes".
5. Changing "Part IX Civil Disputes Relating to Companies, Securities and Bills" to "Part VIII Civil Disputes Relating to Companies, Securities, Insurance and Bills".
Second, the amendment of the second level of 20 cases:
6, adding "XXVII, insurance disputes".
7. Add "XXX, Tort Liability Disputes".
8. Add "XLIII. Execution Objection Claims".
9, delete "XI, special types of tort disputes".
10, delete "20, civil disputes related to railroad transportation".
11. Changing "XXI. Disputes relating to partnerships" to "XXII. Partnership disputes".
12. Splitting "XVI. Unfair Competition and Monopolization Disputes" into "XV. Unfair Competition Disputes" and "XVI. Monopolization Disputes".
13, split "30, the application of special procedures," the case as "31, voter eligibility cases," "32, the declaration of disappearance, the declaration of death cases. "xxxii. Cases of voter eligibility", "xxxii. Cases of declaration of disappearance and declaration of death", "xxxiii. Cases of determination of citizens' incapacity for civil behavior and limitation of their capacity for civil behavior", "xxxiv. Cases of determination of unclaimed property", "xxxv. Cases of guardianship special procedures ", "36, Supervisory Procedure Cases", "37, Public Notice Procedure Cases", "38, Application for Cessation of Infringement of Intellectual Property Rights before Suit ", "XXXIX, Application for Preservation Cases", "XL, Arbitration Procedure Cases", "XLI, Special Procedure Cases in Maritime Litigation", "Forty-two: Application for Recognition and Enforcement of Court Judgments and Arbitral Awards".
Three, the amendment of the third level of cases 113:
14, in the second level of cases under the "Second, marital and family disputes" to change "14, cohabitation relationship separation of property, child support disputes" to "17. Cohabitation Disputes".
15. Add "42, Disputes over Owners' Right to Know" under "VI, Disputes over Ownership" in the second level of cases.
16, in the second level of cases under the "ten, contract disputes" to add "66, negligence liability disputes", "67, confirming the validity of the contract disputes", "77, Disputes over Construction Land Use Right Contracts, 78, Disputes over Temporary Land Use Contracts, 79, Disputes over Transfer of Prospecting Rights Contracts, " 80. Contractual Disputes on Transfer of Mining Rights", "94. Disputes on Import and Export Charges", "96. Bank Card Disputes", "123, Disputes over Contracts for the Rehiring of Retired Personnel", "124 Disputes over Advertising Contracts", "126 Disputes over the Right of Recovery", "141 Disputes over Contracts for the Pledging of Intellectual Property Rights "84 Credit Card Disputes" was changed to a fourth-level case under the third-level case "96 Bank Card Disputes", and "2 Credit Card Disputes" was split. ", splitting "75, Disputes over Electricity, Water, Gas and Heat Supply Contracts" into "84, Disputes over Electricity Supply Contracts", "85, Disputes over Water Supply Contracts ", "86, Disputes on Contracts for Supply and Use of Gas", "87, Disputes on Contracts for Supply and Use of Heat", deleting "112, Disputes on People's Settlement Agreements". Adding "127, Request for Confirmation of the Validity of People's Mediation Agreements".
17, in the second level of the case "fourteen, intellectual property contract disputes" under the change "140, computer network domain name contract disputes" to "140, domain name contract disputes ".
18, under the second level of cases "XV, Intellectual Property Rights and Infringement Disputes", "153, Confirmation of Non-Infringement of Intellectual Property Rights Disputes", "154, Disputes on Liability for Damages Resulting from the Application of Provisional Measures for Intellectual Property Rights Disputes on Liability for Damages", "155, Disputes on Liability for Damages due to Bad Faith Intellectual Property Litigation", and "156, Disputes on Return of Expenses after Invalidation of Patent Rights". ", "167, Abuse of Dominant Market Position Disputes", "168, Operator Concentration Disputes", change "157, Dumping Disputes" to 161, Disputes over Unfair Competition in Low-Price Dumping", changing "158, Disputes over Tying and Adding Unreasonable Conditions of Sale" to "162, Disputes over Unfair Competition in Bundling", and changing "161, Disputes over Unfair Competition in Low-Price Dumping" to "162". and changing "161, Dispute over Collusive Bidding" to "165, Dispute over Unfair Competition in Collusive Bidding".
20, in the second level of the case "nineteen, maritime maritime disputes" under the addition of "227, maritime claims disputes", change "172, farming damages disputes Change "172, Disputes over Farming Damages" to "178, Disputes over Liability for Farming Damages at Sea and in Sea Access Waters", delete "177, Disputes over Multi-Modal Transportation Contracts (Accepted by the Maritime Court)", and change "186, Disputes over Contracts for Fishing Vessels" as "195 Disputes over Contracts for Transportation Vessels in Maritime Waters", split "180 Disputes over Contracts for Sale and Purchase of Vessels (Construction, Repair, Alteration and Dismantling)" as "186 Disputes over Contracts for Sale and Purchase of Vessels". "186 Disputes on Contracts for Sale and Purchase of Ships, 187 Disputes on Contracts for Construction of Ships, 188 Disputes on Contracts for Repair of Ships, 189 Disputes on Contracts for Alteration of Ships. 189, Ship Alteration Contract Disputes", "190, Ship Dismantling Contract Disputes", and split "187, Ship Attachment and Marine Container Leasing and Custody Contract Disputes" as " 197, Disputes over Leasing Contracts of Ships' Attachments", "198, Disputes over Custody Contracts of Ships' Attachments", "199, Disputes over Leasing Contracts of Sea Containers", "200, Disputes over Custody Contracts of Sea Containers", "199, Disputes over Leasing Contracts of Sea Containers". Container Custody Contract Disputes", split "194, Disputes over Rescue and Salvage Contracts" into "207, Disputes over Rescue and Salvage Contracts" and "208, Disputes over Salvage Contracts in the Sea and Throughout the Sea". Salvage Contract Disputes", and changing "198, Loan Contract Disputes Related to Ship Operation" to "213, Ship Operation Loan Contract Disputes".
21. "239, Disputes over Enterprise Contracts" is added to the second level of cases under "XXI, Disputes relating to Enterprises". , "251, Disputes on Company Establishment", "252, Disputes on Return of Company Licenses", "255, Disputes on Liability for Damage to Shareholders' Interests", "256, Disputes on Liability for Damage to Company's Interests", "257, Disputes on Shareholders' Liability for Damage to Company's Creditors' Interests", "258, Disputes on Liability for Damage to Company's Connected Transactions", "264: Application for Liquidation of Company", "265: Liquidation Liability Dispute", and changed "241: Equity Confirmation Dispute" to "242, Disputes over Confirmation of Shareholders' Qualifications", and deleting "244, Disputes over Revocation of Articles of Incorporation or Articles of Association".
23, in the second level of the case "XXIII, disputes related to partnership" under the addition of "267, partnership disputes", "268, withdrawal disputes", 269, Disputes over transfer of shares of partnership property", and deleting "263, Disputes over general partnership", "264, Disputes over special general partnership", and "265, Disputes over limited partnership". Disputes".
24. Under the second level of cases, "XXIV. Disputes relating to Bankruptcy", "273. Disputes over Requests for Revocation of Individual Acts of Satisfaction", "274. Disputes", "275: Disputes over the collection of external claims", "276: Disputes over the collection of unpaid capital", "277: Disputes over the collection of evaded capital ", "278, Disputes over Recovery of Unusual Income", "284, Disputes over Compensation for Damage to Debtor's Interests", "285, Disputes over Administrator's Liability ", deleting "269, Dispute over Correction of List of Employees' Rights and Interests", and changing "272, Dispute over Right of Set-off" to "281, Dispute over Right of Set-off in Bankruptcy ".
25, in the second level of the case "25, securities disputes" under the addition of "286, securities rights confirmation disputes", "288, financial derivatives trading disputes ".
26. Under the second level of "XXVII Insurance Disputes", "317 Insurance Agency Contract Disputes", "322 Import and Export Credit Insurance Contract Disputes ", "323, Insurance Premium Disputes".
27, in the second level of the cause "30, tort liability disputes" under the addition of "341, guardian liability disputes", "342, employer liability disputes ", "343, Tort Liability Disputes of Labor Dispatch Workers", "344, Disputes on Liability for Harm Caused by Labor Providers", "345, Disputes on Liability for Victimization of Labor Providers ", "346, Internet Tort Liability Disputes", "347, Liability Disputes for Breach of Safety and Security Obligations", "348, Liability Disputes of Educational Institutions ", "349, Product Liability Disputes", "350, Motor Vehicle Traffic Accident Liability Disputes", "351, Medical Damage Liability Disputes ", "352, Environmental Pollution Liability Disputes", "353, Highly Dangerous Liability Disputes", "354, Liability Disputes for Damage to Feeding Animals ", "355, Liability Disputes for Damage to Objects", "363, Liability Disputes for Damage to Railway Transportation", "366, Liability Disputes for Damage due to Application for Pre-litigation Property Preservation ", "367, Disputes on Liability for Damage due to Application for Preservation of Pre-litigation Evidence", "368, Disputes on Liability for Damage due to Application for Preservation of Property in Litigation", "369, Disputes on Liability for Damage due to Application for Preservation of Evidence in Litigation". Dispute over Liability for Damage to Preservation of Evidence in Suit", "370, Dispute over Liability for Damage to Pre-execution in Suit".
28. Under the second level of cases "Forty-two, Application for Recognition and Enforcement of Court Judgments and Arbitral Awards", "411, Application for Enforcement of Maritime Arbitral Awards", "412, Application for Enforcement of Intellectual Property Arbitral Awards", "412, Application for Enforcement of Intellectual Property Arbitral Awards", "412, Application for Enforcement of Intellectual Property Arbitral Awards", and "412, Application for Enforcement of Intellectual Property Arbitral Awards" are added. 412, Application for Enforcement of Arbitral Awards on Intellectual Property Rights" and "413, Application for Enforcement of Foreign Arbitral Awards".
29, in the second level of the cause "43, the implementation of the objection to the claim" under the addition of "422, outsiders of the implementation of the objection to the claim", "423, the applicant for the implementation of the objections to the claim ", "424, the implementation of the allocation program objection to the claim".
Four, amend the fourth level of 154 cases:
30, in the third level of cases "17, cohabitation disputes" under the addition of "(1) cohabitation disputes", "(2) cohabitation disputes", "(3) cohabitation disputes", "(4) cohabitation disputes", "(5) cohabitation disputes", "(6) cohabitation disputes", "(7) cohabitation disputes". Child Support Disputes in Cohabitation Relationships".
31, in the third level of the case "47, *** have disputes" under the addition of "(1) *** right to confirm the dispute", "(2) *** have the division of disputes ", "(3) Disputes over the right of first refusal of ****owners".
32, in the third level of the case "54, land contract management right disputes" under the addition of "(3) land contract management right inheritance disputes".
33, in the third level of cases "67, confirm the validity of the contract disputes" under the addition of "(1) confirm the validity of the contract disputes", "(2) confirm the invalidity of the contract disputes ".
34, in the third level of cases under "71, sale contract disputes" to add "(6) network shopping contract disputes", "(7) television shopping contract disputes". .
35. Changing the fourth level of cause "(6) House Sale and Purchase Contract Dispute" under the third level of cause "71, Sale and Purchase Contract Dispute" to the third level of cause "82, House Sale and Purchase Contract Dispute ", and adding "(1) Disputes on Reservation Contracts of Commercial Houses", "(5) Disputes on Transfer Contracts of Affordable Houses", "(6) Disputes on Contracts of Sale and Purchase of Rural Houses" to it. ".
36, change the third level of the case "74, real estate development and management contract disputes" under the fourth level of the case "(10) housing demolition and resettlement compensation contract disputes" to the third level of the case "83, Dispute over Housing Demolition and Resettlement Compensation Contract".
37. "(2) Disputes on the Transfer of Construction Land Use Right Contracts" was added under the newly added third-level cause "77, Disputes on Construction Land Use Right Contracts".
38, under the newly added third-level case file "77, Loan Contract Disputes", "(5) Small Loan Contract Disputes", "(6) Financial Non-performing Debt Assignment Contract Disputes ", "(7) Disputes over the Recovery of Financial Non-performing Claims".
39, in the third level of the cause "86, lease contract disputes" under the addition of "(1) land lease contract disputes", "(2) housing lease contract disputes" Under "86, Lease Contract Disputes", add "(1) Land Lease Contract Disputes", "(2) House Lease Contract Disputes", "(3) Vehicle Lease Contract Disputes" and "(4) Construction Equipment Lease Contract Disputes".
40, in the third level of the case "88, contract disputes" under the addition of "(1) processing contract disputes", "(2) customized contract disputes", "(3) repair contract disputes", "(4) reproduction contract disputes", "(5) testing contract disputes", "(6) inspection contract disputes ", "(7) railroad locomotive and rolling stock construction contract disputes."
41, in the third level of the case "89, construction contract disputes" under the addition of "(4) construction price priority dispute", "(8) railroad construction contract disputes ", "(9) rural housing construction contract disputes".
42, in the third level of the case "90, transportation contract disputes" under the addition of "(12) the contract for the carriage of goods by railroad", "(13) the contract for the carriage of passengers by railroad disputes ", "(14) railroad baggage transportation contract disputes", "(15) railroad parcel transportation contract disputes", "(16) international railroad intermodal transportation contract disputes ".
43. Changing the fourth level of cause "(5) Dispute on Entrusted Finance Contract" under the third level of cause "93, Dispute on Entrusted Finance Contract" to the third level of cause "105, Dispute on Entrusted Finance Contract ", and adding "(1) Financial Entrusted Finance Contract Disputes" and "(2) Private Entrusted Finance Contract Disputes" under it.
44, in the third level of the cause "96, bank card disputes" under the addition of "(2) debit card disputes".
45. Changing the fourth level of cause "(1) Property Insurance Contract Dispute" under the third level of cause "98, Insurance Contract Dispute" to the third level of cause "317, Property Insurance Contract Dispute ", and adding "(1) Property Damage Insurance Contract Disputes", "(2) Liability Insurance Contract Disputes", "(3) Credit Insurance Contract Disputes ", "(4) Disputes on Guarantee Insurance Contracts", "(5) Disputes on Subrogation Claims of Insurers".
46. Changing the fourth level of cause "(2) Disputes on Personal Insurance Contracts" under the third level of cause "98, Disputes on Insurance Contracts" to the third level of cause "318, Disputes on Personal Insurance Contracts and adding "(1) Life Insurance Contract Disputes", "(2) Accidental Injury Insurance Contract Disputes", "(3) Health Insurance Contract Disputes" under it. ".
47. Changing the fourth level of cause "(5) Disputes on Reinsurance Contracts" under the third level of cause "98, Disputes on Insurance Contracts" to the third level of cause "319, Disputes on Reinsurance Contracts "98(7) Insurance Brokerage Contract Disputes" to "320, Insurance Brokerage Contract Disputes", the fourth level of the file under "Insurance Brokerage Contract Disputes".
48/Add "(6) Disputes on Contracts for Leasing of Land Contractual Management Rights" to the third-level case file "107, Disputes on Rural Land Contracts".
49. "(16) Disputes over Domestic Service Contracts", "(17) Disputes over Celebration Service Contracts", "(18) Disputes over Rural Land Contracts", and "(19) Disputes over Rural Land Contracts" shall be added to the list of third-level cases under the heading of "108, Disputes over Service Contracts". ", "(18) Funeral Service Contract Disputes", "(19) Agricultural Technology Service Contract Disputes", "(20) Agricultural Machinery Operation Service Contract Disputes ", "(21) Security Service Contract Disputes", "(22) Bank Settlement Contract Disputes".
50, in the third level of the case "112, people's mediation agreement disputes" under the deletion of "(1) request for the fulfillment of the people's mediation agreement disputes", "(2) request to change the people's mediation agreement disputes ", "(3) Requests for Revocation of People's Mediation Agreement Disputes", "(4) Requests for Confirmation of Invalid People's Mediation Agreement Disputes".
51, in the third level of the cause "130, copyright contract disputes" under the addition of "(5) publishing contract disputes", "(6) performance contract disputes", "(7) Disputes on Contracts for the Production of Audio and Video Products", "(8) Disputes on Contracts for Broadcasting on Radio and Television".
52, in the third level of the case "140, domain name contract disputes" under the addition of "(1) domain name registration contract disputes", "(2) domain name transfer contract disputes ", "(3) domain name license contract disputes".
53, in the third level of the case "141, copyright ownership, infringement disputes" under the addition of "(3) infringement of the right of authorship disputes", "(4) infringement of the right to modify the work disputes ", "(5) Disputes over infringement of the right to protect the integrity of works", "(6) Disputes over infringement of the right to reproduce works", "(7) Disputes over infringement of the right to distribute works ", "(8) Disputes Infringing the Right to Rent Works," "(9) Disputes Infringing the Right to Exhibit Works," "(10) Disputes Infringing the Right to Perform Works ", "(11) Disputes concerning infringement of the right to exhibit works", "(12) Disputes concerning infringement of the right to broadcast works", "(13) Disputes concerning infringement of the right to disseminate works on the information network ", "(14) Disputes concerning infringement of the right to film works", "(15) Disputes concerning infringement of the right to adapt works", "(16) Disputes concerning infringement of the right to translate works ", "(17) Disputes Infringing on the Right to Compile Works", "(18) Disputes Infringing on Other Copyright Property Rights", "(19) Disputes over the Ownership of Publisher's Rights ", "(20) Disputes over the ownership of performers' rights", "(21) Disputes over the ownership of producers' rights in sound and video recordings", "(22) Disputes over the ownership of broadcasting organizations' rights ".
54. To add "(1) Disputes over Ownership of Trademark Rights" and "(2) Disputes over Infringement of Trademark Rights" to the third level of cases under "142, Disputes over Trademark Rights Ownership and Infringement". ".
55, in the third level of the cause "154, due to the application of intellectual property rights provisional measures damage liability disputes" under the addition of "(1) due to the application of pre-litigation to stop infringing the patent damage liability disputes", "(2) the application of pre-litigation to stop infringing the registered trademark disputes". (2) Disputes on Liability for Damage due to Cessation of Infringement of Exclusive Right to Use Registered Trademarks before Application", "(3) Disputes on Liability for Damage due to Cessation of Infringement of Copyrights before Application", "(4) Disputes on Liability for Damage due to Cessation of Infringement of Rights to New Varieties of Plants before Application ", "(5) Disputes on Liability for Damage due to Application for Customs Intellectual Property Protection Measures".
56, in the third level of the case "166, monopoly agreement disputes" under the addition of "(1) horizontal monopoly agreement disputes", "(2) vertical monopoly agreement disputes ".
57. To add "(1) Monopoly Pricing Disputes", "(2) Predatory Pricing Disputes", "(2) Predatory Pricing Disputes" and "(3) Predatory Pricing Disputes" to the list of "167: Disputes on the Abuse of a Dominant Position in the Market" at the third level. ", "(3) Refusal to Deal Disputes", "(4) Limited Deal Disputes", "(5) Bundled Deal Disputes", "(6) differential treatment disputes."
58. "(7) Non-competition Disputes" shall be added to the third level of cases under "163, Labor Contract Disputes".
59/Add "(3) Disputes over Employment Contracts" to the third level of cases under "166, Personnel Disputes".
60. Under the third level of cases "239, Disputes over Enterprise Contracting Contracts", "(1) Disputes over Contracting Contracts of Sino-foreign Equity Joint Ventures", "(2) Disputes over Contracting Contracts of Sino-foreign Cooperative Joint Ventures" shall be added. Contractual management contract disputes", "(3) wholly foreign-owned enterprises contractual management contract disputes", "(4) township enterprises contractual management contract disputes".
61, in the third level of the case "250, corporate resolution disputes" under the addition of "corporate resolution validity confirmation disputes", "corporate resolution revocation disputes".
62/Add "(1) Disputes on Confirmation of Employees' Bankruptcy Claims" and "(2) Disputes on Confirmation of Ordinary Bankruptcy Claims" to the third level of cases under "270: Disputes on Confirmation of Bankruptcy Claims". ".
63. "(1) General Right of Retrieval Disputes" and "(2) Disputes Regarding the Seller's Right of Retrieval" are added under "271, Right of Retrieval Disputes" at the third level.
64. Under the third level of cases "279, Securities Repurchase Contract Disputes", "(1) Stock Repurchase Contract Disputes", "(2) Treasuries Repurchase Contract Disputes ", "(3) corporate bond repurchase contract disputes", "(4) securities investment fund repurchase contract disputes", "(5) pledged securities repurchase disputes ".
65, in the third level of the case "286, securities rights recognition disputes" under the addition of "(1) stock rights recognition disputes", "(2) corporate bonds rights recognition disputes ", "(3) Disputes over Recognition of Rights in Treasury Bonds", "(4) Disputes over Recognition of Rights in Securities Investment Funds".
66, in the third level of the cause "347, breach of security obligation liability disputes" under the addition of "(1) public **** place managers liability disputes", "(2) mass event organizers Liability Disputes".
67, in the third level of the cause "349, product liability disputes" under the addition of "(1) product producer liability disputes", "(2) product seller liability disputes ", "(3) product transporters' liability disputes", "(4) product warehousers' liability disputes".
68, in the third level of the cause "351, medical damage liability disputes" under the addition of "(1) infringement of the patient's right to informed consent liability disputes", "(2) medical product liability disputes ".
69, in the third level of the cause "352, environmental pollution liability disputes" under the addition of "(5) soil pollution liability disputes", "(6) electronic waste pollution liability disputes ", "(7) Solid Waste Pollution Liability Disputes".
70, in the third level of the cause "353, highly dangerous liability disputes" under the addition of "(1) civil nuclear facilities damage liability disputes", "(2) civil aircraft damage liability disputes ", "(3) Liability Disputes for Damage to Possession or Use of Highly Dangerous Objects", "(4) Liability Disputes for Damage to Highly Dangerous Activities", "(5) Liability Disputes for Damage to Lost or Abandoned Highly Dangerous Objects Liability Disputes", "(6) Liability Disputes for Damage to Highly Dangerous Objects by Unlawful Possession".
71, in the third level of cases "355, object damage liability disputes" under the addition of "(1) object falling off, falling damage liability disputes", "(2) buildings, structures collapse damage liability disputes", "(3) the collapse of buildings, structures", "(4) the collapse of buildings, structures", "(5) loss, abandonment of highly dangerous objects", "(6) illegal possession of highly dangerous objects damage liability disputes". Disputes", "(3) Disputes on Liability for Damage Caused by Unknown Thrown or Falling Objects", "(4) Disputes on Liability for Damage Caused by Collapse of Piles", "(5) Disputes on Liability for Damage Caused by Obstruction of Access to Public Roads", "Disputes on Liability for Damage Caused by Obstruction of Access to Public Liability Disputes", "(6) Liability Disputes for Damage Caused by Fracture of Forest Trees", "(7) Liability Disputes for Damage Caused by Surface Construction and Underground Facilities".
72, in the third level of the cause "363, railroad transportation damage liability disputes" under the addition of "(1) railroad transportation personal injury liability disputes".
This decision shall come into force on April 1, 2011.
The Provisions on the Cases of Civil Cases shall be amended and the order of the articles shall be adjusted according to this Decision, and then re-published.