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Document of Beijing High People’s Court

 

Circular of Beijing Municipal High People’s

Court on the Adjustment of Jurisdiction over

Cases of Company Compulsory Liquidation

and Enterprise Bankruptcy

To Beijing No.1 Intermediate People’s Court,

To all people’s courts of all districts,

In order to thoroughly implement the central government’s deployment requirements for deepening the supply-side structural reforms and the spirit of General Secretary Xi Jinping’s important instructions on intensifying the reform of optimizing the business environment, to further strengthen the work of bankruptcy trail in Beijing, the Circular of Beijing Municipal High People’s Court on the Adjustment of Jurisdiction over Cases of Company Compulsory Liquidation and Enterprise Bankruptcy is issued as follows:

I. As of November 1, 2019, the following cases are under the centralized jurisdiction of Beijing Bankruptcy Court:

1.Compulsory liquidation and bankruptcy cases of companies (enterprises) approved and registered by the the market regulation departments at or above the district level within the jurisdiction of Beijing Municipality;

2.Commercial litigation cases derived from the above-mentioned compulsory liquidation and bankruptcy cases;

3. Cross-border bankruptcy cases;

4. Other cases that shall be tried by the Court according to the laws.

II. According to Paragraph I of Article 38 of the Civil Procedure Law of the People’s Republic of China and Article 42 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, Beijing Municipal High People’s Court approves that the court where Beijing Bankruptcy Court is located, namely Beijing No.1Intermediate People’s Court, shall transfer the following litigation cases derived from bankruptcy to the people's courts of Shijingshan District, Mentougou District and Haidian District for trial:

1.Bankruptcy claims confirmation cases that shall be tried by district-level people’s courts based on the amount of subject of the action;

2. Recall right cases that shall be tried by district-level people’s courts based on the amount of subject of the action.

III. Litigation cases derived from bankruptcy other than those listed in Article II above and all litigation cases derived from compulsory liquidation shall be tried by the court where Beijing Bankruptcy Court is located, namely Beijing No.1 Intermediate People’s Court.

IV. Litigation cases derived from compulsory liquidation and bankruptcy cases shall be tried by corresponding trial divisions according to the nature of cases and the division of internal functions of the people's courts.

The Circular is hereby issued.

Beijing Municipal High People’s Court

October 29, 2019