Hainan High People's Court

Established in September 1988, Hainan High People's Court is located at No.123, Longkun South Road, Haikou, with five intermediate courts, one specialized court (i.e. Haikou Maritime Court), and 23 local courts thereunder.

The Hainan High People's Court ("the Court"), as the national judicial organ, exercises judicial power in accordance with the law and supervises the trial work of the people's courts at lower levels. The Court is responsible for, and reports to the Hainan Provincial People's Congress and the Standing Committee of the Hainan Provincial People's Congress. It is the responsibility and duty of the Court to:

(1) try criminal, civil, administrative, maritime and other first-instance cases that are under the jurisdiction of the Higher People's Court in accordance with the law and that, in its opinions, should be tried by itself.

(2) try criminal, civil, administrative, maritime and other second-instance cases that are under the jurisdiction of the Higher People's Court in accordance with the law

(3) approve cases of death sentence with a two-year reprieve according to law; approve cases of death sentence according to law; to authorize to approve cases of death sentence under the authorization of the Supreme People's Court.

(4) approve cases of death sentence with a two-year reprieve, and commutation cases of sentence for life imprisonment, as well as cases of conditional release that should be tried by the Higher People's Court

(5) accept all kinds of appeals and retrial applications that dissatisfied with the valid sentences of the people's special courts at all levels in the province, with respect to which it initiates a retrial or order a court at lower levels to retry if there are errors therein.

(6) try the protested cases filed by the People's Procuratorate of Hainan Province in accordance with the procedures.

(7) try criminal, civil, administrative and maritime cases assigned by the Supreme People's Court in accordance with the law.

(8) exercise the designated right of jurisdiction against the People's Courts at lower levels.

(9) supervise the trial of the People's Courts at lower levels.

(10) settle the compensation cases in accordance with the provisions of Law of the People's Republic of China on State Compensation.

(11) execute the first-instance judgments and rulings of the Higher People's Court that have become legally valid, as well as other legal instruments required by legal provisions to be enforced by the Higher People's Court, and cases entrusted by courts of other provinces, cities and districts.

(12) propose opinions on drafts of laws, regulations, rules, etc.; to pose judicial suggestions regarding the problems found in the case trial; to organize and instruct the investigation and study of courts across the province.

(13) organize judicial exchange activities between the People's Courts & special people's courts at all levels in the province, and foreign judicial circles, and international organizations; settle relevant issues pertaining to international judicial assistance.

(14) carry out ideological and political education and arrange professional training for judges and other staff of Higher People's Court; to instruct the ideological and political work, education and training of the people's courts at lower levels; to manage judges and other staff on the basis of the authority.

(15) assist the provincial establishment departments to manage the establishment of the people's courts at all levels and special people's courts across the province, and coordinate with local party committees to manage the leading groups in the provincial court system.

(16) instruct the judicial administration and judicial technology of the people's courts at lower levels, and manage relevant funds, materials and equipment of courts across the province.

(17) publicize the legal institution in trial and educate citizens to learn independently the observance of the Constitution and laws.

(18) lead the supervision of courts across the province.

(19) manage public institutions and social organizations directly under the Higher People's Court of Hainan Province.

(20) undertake other tasks that should be responsible by the Higher People's Court of Hainan Province.

●Hainan High People's Court

Address: No.123, Longkun South Road, Haikou

Postal Code: 570206

Tel.: 0898-12368

Haikou Maritime Court

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I. Establishment

Haikou Maritime Court was established as a special court in March 1990 in accordance with Decision on the Establishment of Maritime Courts in Coastal Port Cities of the Standing Committee of the National People's Congress and Decision on the Establishment of Haikou and Xiamen Maritime Courts of the Supreme People's Court. The Court now comprises 10 divisions and departments, including Case Filing Division, Admiralty Division, Maritime Division, Enforcement Bureau, Research office (work also as Trial Supervision Office), General Office, Personnel Department, Judicial Police Division, Supervision Division, and State Compensation Division. There are 5 detached tribunals of the Court, including Sanya Tribunal, Yangpu Tribunal, Boao Tribunal, Basuo Tribunal and Sansha Tribunal. The High People's Court of Hainan Province has jurisdiction over appeals against the judgments and orders of Haikou Maritime Court. Xu Yahui is the Secretary of the Leading Party Member’s Group and the President of Haikou Maritime Court at present.

II. Jurisdiction

Haikou Maritime Court is the southernmost maritime court in China. It also has the largest jurisdiction area and covers more than 2 million square kilometers. Its jurisdiction area covers the ports and navigable waters of Hainan Province, including the islands and neighboring waters of Xisha Islands, Zhongsha Islands, Nansha Islands, and Huangyan Island. According to Provisions of the Supreme People's Court on the Scope of Cases to Be Accepted by Maritime Courts, 108 types of cases under 6 categories are specially handled by maritime courts. To be specific, the scope includes cases concerning disputes over maritime tort and maritime contracts, disputes over the development and environment protection of ocean and navigable waters, other maritime disputes, maritime administration, and special maritime procedure.

●Haikou Maritime Court

Address: No.28 Bailong South Road, Meilan District, Haikou

Postal Code: 570203

Tel.: 0898-66118082

Hainan Free Trade Port Intellectual Property Court

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Haikou Intellectual Property Court is a case-docketing, adjudication and enforcement agency with centralized jurisdiction of intellectual property case in Hainan province, which is approved by the Supreme People’s Court and the Office of the CPC Hainan Provincial Committee Establishment Committee. The jurisdiction is: the first instance civil or administrative cases involving technical intellectual property happened in Hainan provice; the first instance civil, administrative or criminal cases involving intellectual property beyond the jurisdiction of the grassroots people’s court of Hainan province; the appellate cases against the first instance civil, administrative or criminal cases involving intellectual property heard by the grassroots people’s court of Hainan province.

The court operates in accordance with the integrated mode of case-docketing, adjudication and enforcement, setting up case-docketing group(including case management office and litigation service center), adjudication group and enforcement group with 12 judges, among them 7 judges are in place, the left 5 are to be added. Haikou Intellectual Property Court will improve the professional adjudication level of intellectual property case of Hainan Province, enhance the judicial protection efforts of intellectual property. And by strengthening cooperation with the administrative law enforcement departments and industry associations which are closely related to the protection of intellectual property rights, such as the Copyright Administration, Bureau of Justice, the Intellectual Property Office, and the Lawyers Association, the Court will explore and establish an information sharing platform, vigorously promoting pre-litigation mediation and docking of litigation and mediation,improving the coordination of intellectual property judicial relief and administrative relief, so that forming a synergy of intellectual property protection.

●Hainan Free Trade Port Intellectual Property Court

Address: No.8, Changyi Road, Xiuying District, Haikou

Postal Code: 570311

Hainan First Foreign-Related Civil and Commercial Tribunal

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Hainan First Foreign-Related Civil and Commercial Tribunal is an organization established with the official approval of the Supreme People's Court of China (SPC) and the permission of the Office of Government Set-up Committee of Hainan Province. The jurisdiction of the Court covers Haikou, Sansha, Danzhou, Wenchang, Qionghai, Chengmai, Qiongzhong Li and Miao Autonomous County, Changjiang Li Autonomous County, Tunchang, Lingao, Dingan and Yangpu Economic Development Zone. The Tribunal has centralized jurisdiction of the case-filing, adjudication and enforcement of foreign-related civil and commercial cases at first instance with the subject of an action less than RMB 5 billion.

The Tribunal runs by the integrative pattern of case-filling, adjudication and enforcement and consists of case-filling team, adjudication team and the enforcement team. Case Management Office and Litigation Service Center belong to the case-filing team. There are six judges at present and another six judges will be staffed as scheduled. Twelve judges would be manned to the Court. By cooperating with China Council for Promotion of International Trade Hainan Sub-council and other domestic and international mediation and arbitration organizations, the tribunal focuses on the online and on site connective procedures among litigation, mediation and arbitration of foreign-related civil and commercial cases including those concerning Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Region of the People’s Republic of China, aiming at perfecting alternative disputes neutral assessment mechanism and exploring the high-standard and all standing information-based disputes resolution, comprehensively playing its role as a social institution and providing impartial, efficient, authoritative and convenient dispute resolutions service for international and domestic parties in civil and commercial cases.

●Hainan First Foreign-Related Civil and Commercial Tribunal

Address: No.8 Baiju Avenue, Meilan District, Haikou

Postal Code: 571126

Tel.: 0898-65307027

Hainan Second Foreign-Related Civil and Commercial Tribunal

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Hainan Second Foreign-Related Civil and Commercial Tribunal is approved by the Supreme People's Court and the Office of the Organizational Development Committee of the CPC Hainan Provincial Committee for the establishment of institutions for filing, trial and execution. It concentrates on the first instance of international civil and commercial cases involving Hong Kong, Macao and Taiwan with the amount of less than 5 billion yuan in the jurisdiction of Sanya, Dongfang, Wanning, Wuzhishan, Lingshui Li Autonomous County, Baoting Li and Miao Autonomous County, Baishali Autonomous County and Ledong Li Autonomous County.

The tribunal operates in an integrated mode of filing, trial and execution. There are six judges in the court, including the case management office, the litigation service center, the trial group and the execution group.In order to provide fair, efficient, authoritative and convenient dispute resolution services for civil and commercial subjects both inside and outside the territory, and strive to create a stable, fair, transparent and predictable business environment ruled by law. Through the unified trial of foreign-related, Hong Kong, Macao and Taiwan-related civil and commercial cases, the tribunal unifies the criteria of adjudication and improves the quality and effectiveness of the trial; strengthens the online and offline docking of litigation, mediation and arbitration, improves the diversified dispute resolution mechanism, and expands the high-standard and full-coverage of information-based dispute resolution methods.

●Hainan Second Foreign-Related Civil and Commercial Tribunal

Address: No. 383, Jinjiling Street, Tianya District, Sanya

Postal Code: 572000

Tel.: 0898-88248987

Hainan High People's Court

Overview of Hainan Courts

Haikou Maritime Court

Hainan Free Trade Port Intellectual Property Court

Hainan First Foreign-Related Civil and Commercial Tribunal

Hainan Second Foreign-Related Civil and Commercial Tribunal

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