Cases Involving Major Foreign Cases Shall Be Subject To First Instance Jurisdiction Of The Intermediate People'S Courts.
Luo lawyer:
I am a businessman from the mainland of China. A few years ago, I invested two hundred million with two Taiwanese, a Hongkong citizen and a French Chinese. I set up a company in the mainland of China.
dispute
I want to solve this problem through legal means. Can we prosecute the basic court or prosecute the intermediate people's court?
Mr. Wei:
According to
Civil Procedure Law of the People's Republic of China
"The eighteenth article provides:" the intermediate people's courts shall have jurisdiction over the following first instance civil cases: (1) major foreign cases; and (two) having a major impact in their respective jurisdictions.
case
(three) the Supreme People's court determines the case under the jurisdiction of the intermediate people's court. "
From what you have reflected, the amount of disputes you have involved is two hundred million, and the parties involved are French nationality citizens, Hongkong residents and Taiwan residents.
It is a civil case involving large contentious matters, complicated cases, major cases involving foreign affairs and major cases involving Hong Kong, Macao and Taiwan.
According to the first instance civil case under the jurisdiction of the intermediate people's court according to law, you may bring a lawsuit of equity dispute to the intermediate people's Court of your place.
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Preventing and resolving social disputes in accordance with the law is an important guarantee for a society ruled by law.
The decision put forward that we should improve the mechanism of resolving and resolving social contradictions and disputes, and improve the mechanism of diversified dispute resolution, such as mediation, arbitration, administrative adjudication, administrative reconsideration, litigation and so on. We should strengthen the construction of professional and professional people's mediation organizations, improve the working system of people's mediation, administrative mediation and judicial mediation, improve arbitration system and improve the administrative adjudication system.
We should actively use the rule of law and the rule of law in order to prevent and resolve social disputes and promote social harmony in accordance with the law.
People's mediation is the "first line of defense" to resolve social conflicts and disputes.
At present, China has formed a diversified dispute resolution mechanism including administrative reconsideration, litigation, arbitration and mediation.
People's mediation has the characteristics of being close to the masses, convenient procedures, mutual understanding and mutual accommodation, low cost and high efficiency.
There are 817 thousand people's mediation organizations in China, and about 9000000 kinds of contradictions and disputes are settled every year. The success rate of mediation is over 90%.
Among them, there are more than 30 thousand professional and professional people's mediation organizations, nearly 130 thousand people's mediators, and 1 million 300 thousand mediation professional and professional disputes each year. They have made positive contributions to effectively resolve disputes and promote social harmony.
With the reform entering the critical stage and the deep water area, the development will enter the pition period. The social conflicts and disputes will become more common and the mediation task will become increasingly heavy.
We should thoroughly implement the people's mediation law and comprehensively improve the level of institutionalization and normalization of people's mediation work.
We should improve the network of people's mediation organizations and consolidate the development of people's mediation organizations in township (street), village (residential), enterprises (units) units, and effectively improve the quality of the people's mediators.
We should improve the mechanism of investigation and mediation of contradictions and disputes, carry out investigation and mediation of contradictions and disputes, and resolve more disputes and disputes at the grass-roots level, and solve them in the bud.
We should improve the work system of people's mediation, administrative mediation and judicial mediation, and give full play to the basic role of people's mediation in the system of mediation of disputes and disputes.
The development of professional and professional people's mediation is the innovation and development of people's mediation work in the new era.
The Ministry of justice has formulated the opinions on strengthening the construction of professional and professional people's mediation committees and opinions on further strengthening professional and professional people's mediation work, guiding the establishment of professional and professional people's mediation organizations across the country and effectively resolving a large number of contradictions and disputes.
We should vigorously strengthen organizational construction, promote the establishment of people's mediation committees in the industrial and professional fields, or set up people's mediation workshops on the basis of the existing people's mediation committees, and provide full-time people's mediators through the government's purchase of services, so as to expand the coverage of people's mediation work.
We should strengthen the legalization and standardization of mediation work, improve the internal management system of the people's mediation committee, and improve the mediation mechanism.
We should actively guide people's mediation organizations and people's mediators, use professional knowledge and professional strength to resolve conflicts and disputes, so as to improve the success rate of mediation, the rate of agreement fulfillment and the satisfaction of the masses.
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