How to transfer a case without jurisdiction?

 

Transfer of Case Without Jurisdiction

Introduction: When a court without jurisdiction is transferred, it will usually be directly transferred to the people's court of the jurisdiction, and all the cases will be transferred at the same time. However, if the accepting court finds that it should not be under the jurisdiction of its own court, it should generally report to the higher-level people. The court shall assign jurisdiction and shall not re-enter the place to transfer it.


1. How to transfer to a court without jurisdiction?

According to Article 36 of the Civil Procedure Law, “If the people’s court finds that the case is not within the jurisdiction of this court, it shall be transferred to a people’s court with jurisdiction, and the transferred people’s court shall accept the case. 

If the transferred case does not fall under the jurisdiction of the court in accordance with the regulations, it shall be reported to the people's court at a higher level to designate jurisdiction and shall not be transferred by itself.” According to this provision, the application of transfer jurisdiction shall meet the following conditions:

 

(1) The people's court has accepted the case

If a case that has not yet been accepted is not under the jurisdiction of this court after review, there is no transfer to jurisdiction, and the parties should be notified to bring a suit in a people's court with jurisdiction.

 

(2) The people's court that accepted the case has no jurisdiction over the case

 People's courts that have jurisdiction in accordance with the 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 in accordance with the law

This is a requirement for the court to transfer the case, that is, it must not be transferred at will, and can only be transferred to a people's court with jurisdiction. in

 

While the above three conditions are met, it is necessary to correctly understand the meaning of "no more self-transfer" stipulated in this article in order to correctly understand and apply transfer jurisdiction. 

The so-called no longer self-transfer refers to the decision made by the people's court to transfer the case, which is binding on the people's court that accepts the transferred case. That is, the court of the transferred case must accept it, and shall not transfer it by itself for any reason. 

If the people’s court to which the case is transferred believes that the court does not have jurisdiction in accordance with the law, it shall report to the people’s court at a higher level to designate jurisdiction. 

Such a provision can not only prevent courts from prevaricating or competing for jurisdiction, but also prevent delays in litigation and timely protect the legitimate rights and interests of the parties.

 

According to the "Opinions", after the case is accepted, the jurisdiction of the people's court that is sued shall not be affected by the change of the party's domicile or habitual residence. After the people's court with jurisdiction accepts the case, it shall not transfer the case to the people's court with jurisdiction after the change on the grounds of administrative area change. Appeals after judgment and cases brought for trial in accordance with the trial supervision procedures shall be tried by the people's court at the higher level of the original trial people's court. Cases remanded by the people's court of second instance for retrial or retrial ordered by the people's court at a higher level shall be retrial or retrial by the people's court of the original trial. 

In practice, if a people's court without jurisdiction has already conducted a substantive trial of the case, and the party has not filed an objection to jurisdiction, it can be deemed that the party has waived the right to object, and there is no need to transfer the jurisdiction, and the court that accepted the case will continue the trial.

 

China Court Jurisdiction

In summary, the transfer of jurisdiction is generally directly transferred from the court that does not have jurisdiction to the court of the jurisdiction, but it must also meet the conditions stipulated by the law, and the transfer will also be handled in accordance with the procedures prescribed by the court. , And the court that accepts it should also handle the case within the specified time, so that the legal rights of the victims can be protected in a timely manner.

 

 

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