Decision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Court to Carry Out Pilot Reform on the Duties of the Four-level Courts

Decision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Court to Carry Out Pilot Reform on the Duties of the Four-level Courts (Adopted at the 30th Meeting of the Standing Committee of the Thirteenth National People's Congress on August 20, 2021) To step up improvement of the litigation system, clearly define the duties of courts at four levels, enhance the building of the check and supervision mechanism based on the four-level court system, optimize judicial resources, and guarantee the correct and uniform application of law, the Standing Committee of the Thirteenth National People's Congress has decided as follows at its 30th Meeting:

The Standing Committee authorizes the Supreme People's Court to pilot the reform on the duties of the courts at four levels in itself and in the people’s courts in 12 provinces and municipalities directly under the Central Government, including Beijing, Tianjin, Liaoning, Shanghai, Jiangsu, Zhejiang, Shandong, Henan, Guangdong, Sichuan, Chongqing and Shaanxi. The pilot reform focuses on optimizing the systems of jurisdiction based on hierarchy of courts in civil and administrative litigation, transferring a case to another jurisdiction or to a superior-level court for trial, the procedure and standard for petition for reopening a civil or administrative case, and the exercise of adjudication power by the Supreme People's Court, etc. During the pilot reform, adjustments shall be made to the implementation of Article 199 of the Civil Procedure Law of the People's Republic of China, and Articles 15 and 90 of the Administrative Procedure Law of the People's Republic of China in adjudication by the pilot courts. The pilot reform shall follow the basic principles of the laws on relevant procedures to guarantee the litigation rights of the parties, coordinate rectification of errors in adjudication and maintenance of the authority of legally effective judgments and rulings, and guarantee justice. The Supreme People's Court shall organize formulation of specific measures for the pilot reform based on study and research and report them to the Standing Committee of the National People's Congress for record. The period of the pilot reform is two years and shall start at the date when the said specific measures are issued.

The Supreme People's Court shall strengthen its guidance and supervision on the pilot courts' work. During the pilot reform, the Supreme People's Court shall submit an interim report on the pilot reform to the Standing Committee of the National People's Congress. When the period of pilot reform expires, where adjustments are proved feasible, the relevant laws shall be revised, whereas for those adjustments which are proved unsuitable in practice, the original provisions of the laws shall be reinstated.

This Decision shall come into force on the date of promulgation.