Trans-Regional Courts in China: A Study of Establishment Models and Jurisdictional Rules

Abstract

The trans-administrative regional (trans-regional) court was created as part of China’s judicial reforms in 2014. Thus far, only two trans-regional courts have been established, namely the Shanghai No. 3 and Beijing No. 4 Intermediate People’s Courts. An important reason for this slow pace is that the trans-regional court has transcended the current structural framework under the Organic Law of the People’s Courts in that (1) it is neither a specialized court that hears certain types of cases, (2) nor a local court established completely in keeping with administrative divisions. Therefore, the legal nature and status can only be clarified and justified when there is a clear definition of this new court system in the Organic Law of the People’s Courts. Several models, namely the independent set-up model, full reshuffling model and limited transformation model, have been proposed for the establishment of trans-regional courts. The most practical and efficient among these models is the limited transformation model, aiming to reconstruct the existing railway transportation courts. The trans-regional courts may have exclusive, alienage, or supplemental jurisdiction. Each form addresses particular types of special and major trans-regional cases, and other cases based on the theory of consolidation.

Keywords

trans-regional courts / establishment model / jurisdiction rules / specialized courts / judicial reform transformation

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Higher Education Press