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Five Model Cases Involving Elevated Jurisdiction Published by the Supreme People's Court
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最高人民法院发布5起提级管辖典型案例
[现行有效]
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【法宝引证码】
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| Five Model Cases Involving Elevated Jurisdiction Published by the Supreme People's Court | | 最高人民法院发布5起提级管辖典型案例 |
| (May 2024) | | （2024年5月8日） |
| Elevated jurisdiction is a jurisdiction system clearly prescribed in the Civil Procedure Law, the Criminal Procedure Law, and the Administrative Procedure Law in China and it is an important means for the people's court at a higher level to supervise and guide the people's court at a lower level in the trial work. It is of great significance for strengthening the building of the trial-level constraint and supervision system, optimizing the allocation of judicial resources, promoting the correct and uniform application of laws, enhancing the credibility and authority of justice, and practically carrying out the in-depth litigation source governance. In 2019, the Implementation Opinions on Comprehensively Deepening the Reform in the Political and Legal Fields issued by the General Office of the CPC Central Committee puts forward that "the mechanism for jurisdiction by referral and elevated trial of cases shall be improved and efforts shall be made to explore the transfer of cases with guiding significance in the application of law and concerning public interests to the people's courts at higher levels."The Supreme People's Court has actively implemented the reform decisions and arrangements of the Central Government, optimized and improved the system of elevated jurisdiction over cases, and formulated and issued the Guiding Opinions on Strengthening and Standardizing the Work of Elevated Jurisdiction and Retrial of Cases (hereinafter referred to as the "Opinions"). By promoting the trial of first-instance cases that involve critical interests, have general guiding significance in the application of law, have great divergences in the application of law, may involve improper intervention, are difficult and complex, and are of new types to be tried by high and intermediate people's courts, such advantages of the people's courts at higher levels including higher political position, accurate policy control, stronger coordination efforts, strong resistance to intervention, and wide radiation of adjudicative effectiveness shall be maximized, legal divergences shall be effectively resolved, external intervention shall be eliminated, litigation source governance shall be promoted, and the realization of the effect of "providing guidance in a field by conducting elevated trial of an individual case" shall be driven. | | 提级管辖是我国三大诉讼法明确规定的管辖制度，是上级人民法院监督指导下级人民法院审判工作的重要抓手，对于加强审级制约监督体系建设、推动优化司法资源配置、促进法律正确统一适用、提升司法公信权威、做实做深诉源治理具有重要意义。2019年，中央办公厅印发的《关于政法领域全面深化改革的实施意见》提出，“健全完善案件移送管辖和提级审理机制，探索将具有法律适用指导意义、关乎社会公共利益的案件交由较高层级法院审理”。最高人民法院积极落实中央改革决策部署，优化完善案件提级管辖制度，制定出台《关于加强和规范案件提级管辖和再审提审工作的指导意见》（以下简称《意见》），通过推动将涉及重大利益、具有普遍法律适用指导意义、存在重大法律适用分歧、可能存在不当干预、疑难复杂新类型的一审案件由高级、中级人民法院审理，充分发挥较高层级法院政治站位高、政策把握准、协调力度大、抗干预能力强、裁判效力辐射度广等优势，有效解决法律分歧、排除外部干预、促进诉源治理，推动实现“提级一件，指导一片”。 |
| The General Secretary Xi Jinping emphasizes that "one case is better than a dozen files." In order to give full play to the exemplary guidance, normative guidance, and value-oriented role of model cases, encourage the people's courts at all levels to further apply the elevated jurisdiction system in an accurate manner, and promote the full transformation and application of adjudication rules for cases subject to elevated jurisdiction, five model cases involving elevated jurisdiction are hereby issued. The five cases mainly have the following characteristics: | | 习近平总书记强调，“一个案例胜过一打文件”。为充分发挥典型案例示范指导、规范引领和价值导向作用，促进各级人民法院进一步准确运用提级管辖制度，推动提级管辖案件裁判规则充分转化运用，现公布5起提级管辖典型案例。5起案例主要有以下特点： |
| First, litigation source governance is promoted by elevated jurisdiction. Through elevated jurisdiction over model cases in fields with frequent disputes or where disputes are prone to occur, the people's courts at higher levels may render high-quality, authoritative, and demonstrative judgments, guide the parties in making rational choices, and facilitate systematic resolution of batch disputes. For example, in case No. 1 "Shen [REDACTED] v. Chongqing Wanzhou [REDACTED] Education and Training School Co., Ltd (Dispute over an Education and Training Contract)," the determination of validity of education contracts under the circumstances where "the training institutions were closed down and the personnel were missing" was specified. More than 70 associated cases have been safely and efficiently settled. | | 一是通过提级管辖促推诉源治理。通过提级管辖纠纷多发、易发领域的典型案件，由较高层级法院作出高质量、权威性、示范性的裁判，可以引导当事人作出理性选择，促进批量纠纷系统化解。例如，案例1“沈某诉重庆市万州区某教育培训学校有限公司教育培训合同纠纷案”，明确了在培训机构“机构停业、人员失联、一关了之”情况下教育合同的效力认定问题，稳妥、高效解决了70多件关联系列案件。 |
| Second, the adjudication rules for new-type cases are clarified through elevated jurisdiction. With respect to cases in which the field and legal relationship involved have first-case effects within the jurisdiction, through elevated jurisdiction, the adjudication rules shall be clarified and the people's courts at lower levels shall be provided with guidance in legally and impartially trying new, difficult, and complex cases. For example, case No. 2 "Fire and Rescue Detachment of Nanchang City v. Human Resources and Social Security Bureau of Nanchang City (Dispute over Determination of Work-related Injury Insurance Qualification)" involves right relief to a firefighter who was injured on duty during the transition period of reorganization of the public security firefighting forces and it was a new-type case. After this case was tried under elevated jurisdiction, the relevant systems for guaranteeing benefits of firefighters from comprehensive fire and rescue teams within the jurisdiction who were disabled on duty were improved, the relevant adjudication rules were clarified, and clear guidelines were provided for the subsequent proper resolution of similar disputes. In case No. 4 "Jiangxi [REDACTED] Metal Co., Ltd. v. Ecology and Environment Bureau of Yichun City (Dispute over an Administrative Penalty)," the specific standards and conditions for the application of the principle of "exemption from administrative penalty for violation of law for the first time" were clarified, which are of guiding significance for implementation of administrative penalties by administrative organs and trial of similar cases by the people's courts within the jurisdiction. | | 二是通过提级管辖明确新类型案件裁判规则。对于案件所涉领域、法律关系等在辖区内具有首案效应的案件，通过提级管辖，明确裁判规则，为下级人民法院依法公正审理新型、疑难、复杂案件提供指引。例如，案例2“南昌市消防救援支队诉南昌市人力资源和社会保障局工伤保险资格认定纠纷案”，该案涉及公安消防部队转制过渡期内因公受伤消防员的权利救济，属于新类型案件。该案提级管辖后，推动完善了辖区综合性消防救援队伍消防员因战因公致残后有关待遇保障制度，明确了相关裁判规则，为后续妥善解决同类纠纷提供明确指引。案例4“江西某金属股份有限公司诉宜春市生态环境局行政处罚纠纷案”，明确了“首违不罚”适用的具体标准和条件，对于行政机关实施行政处罚和辖区法院审理类案均具有指导意义。 |
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