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What is China's Court
of Railway Transportation?
by
Mr.
Wang Xuanjun
Oct. 3, 2000
THE MERCHANTS ARE paying increasing attention to cargo flow to which a lot is
being contributed by the domestic and international railway transports with
regard to the People's Republic of China ("PRC" or "China").
Thus, more knowledge of China's Court of Railway Transportation (CCRT) is
becoming important to the persons who wish to prevent from or promptly settle
the disputes over the relevant railway transports.
The CCRT, like China's Maritime Court and China's Military Court, is one of
China's courts of special jurisdiction. As special court handling cases
concerning the railway transports, the CCRT was established corresponding to the
organization framework of China's railway system. There are, at present, one
ministry of railway, 14 railway bureaus and 60 sub-bureaus within China's
railway system in respect of its organization framework.
One Intermediate Railway Transportation Court (IRTC) is established for one
railway bureau, one Grassroots Railway Transportation Court (GRTC) is
established for one railway sub-bureau. Correspondingly, existing in China are
14 IRTCs and 60 GRTCs. But is no one is higher than the railway transportation
court for the Ministry. The 14 IRTCs are respectively located at Kunming,
Liuzhou, Guangzhou, Shanghai, Nanchang, Zhengzhou, Chengdu, Lanzhou, Urumqi,
Huhehot, Beijing, Jinan, Harbin and Shenyang.
The direct superior courts of IRTCs are respectively the Higher People's Courts
of provinces, autonomous regions, and municipalities in which the IRTCs are
located. In case that a party in a lawsuit refuses to accept a first-instance
judgment given by Zhenghou Intermediate Railway Transporation Court (Zhengzhou
IRTC) as final, he may institute an appeal in Higher People's Court of Henan
Province in which Zhengzhou IRTC is located.
Then for what kind of case a proceeding may be instituted in CCRT? The law cases
within the extent of jurisdiction by CCRT, in accordance with the related
provisions by the Supreme People's Court of the PRC, are criminal cases cleared
up by public security organization of railway transportation authority and
China's domestic and international economic cases. Every kind of civil case and
the cases of other nature shall be accepted by local people's court instead
of CCRT. Therefore, established in the CCRT are economic adjudication division,
criminal adjudication division, complaint and petition division but civil
adjudication division.
With the high-speed development of China's economy, the increasing of economic
disputes handled by CCRT is becoming prominent. Four categories of economic
cases shall be accepted by CCRT as follows:
(1) the dispute over economic contract for railway cargo transport, multi-modal
transport (over which the dispute is handled by related railway organization),
international railway cargo combined transports, railway transport of luggage,
etc.;
(2) the dispute over tort as trespass to the property of railway transport
organization, personal injury caused by railway business operation, etc.;
(3) the dispute between or among railway transport entities, organizations;
(4) other economic dispute cases designated.
The basic laws and regulations applied in trying economic cases are the Civil
Procedure Law of the PRC as procedural law and General Principles of Civil Law
of the PRC, Railway Law of the PRC and Protocol on International Railway Cargo
Combined Transportation (SMGS) as substantive ones.
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If you need legal support in China,
Please contact: Mr. Wang Xuanjun
Email: wangxuanjun@sino-laws.com
Web: www.sino-laws.com
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