问答题
In relation to the Civil Procedures Law of China:
问答题
(a) explain what is meant by the transfer of jurisdiction by the Chinese courts in dealing with civil disputes; (3 marks)
【正确答案】In accordance with Article 36 of the Civil Procedures Law, the term the transfer of jurisdiction refers to such a form of jurisdiction when a court finds a case it has accepted is not under its jurisdiction, it shall refer the case to the court that shall have a proper jurisdiction over the case.
【答案解析】
问答题
(b) explain the designation of jurisdiction by the Chinese courts in dealing with civil disputes; (4 marks)
【正确答案】In accordance with Article 37 of the Civil Procedures Law, the term the designation of jurisdiction refers to a special form of jurisdiction when a court having jurisdiction over a case considers that it is unable to exercise the jurisdiction for special reasons, a superior court shall designate another court to exercise jurisdiction. The designation of jurisdiction will also take place when two or more courts have jurisdiction over a dispute and the relevant courts cannot resolve the conflict of jurisdiction, the superior court designates the case to a particular court.
【答案解析】
问答题
(c) state how a court should deal with the situation if, upon receipt of the transfer of jurisdiction, a particular case is not under its jurisdiction. (3 marks)
【正确答案】In accordance with Article 36 of the Civil Procedures Law, if the court to which a case is referred through transfer of jurisdiction considers that the particular case is not under its jurisdiction, the relevant court shall report to the superior court for designation of jurisdiction. It is not allowed for this court to refer the case again to another court directly.