SPC Issues Provisions on the Jurisdiction of Military Courts over Civil Cases

Recently, the Supreme People's Court (SPC) has released the Provisions on Several Issues Concerning the Jurisdiction of Military Courts over Civil Cases (the "Provisions"), which will take effect on May 1, 2025.

The Provisions consist of nine articles and mainly cover five areas: (1) optimizing specialized jurisdiction; (2) refining the principle of personal jurisdiction; (3) adjusting optional jurisdiction; (4) fully safeguarding the litigation rights of parties; and (5) strengthening guidance for consultation between military and local authorities. The Provisions clarify that military courts shall have specialized jurisdiction over tort disputes that occur within military compounds, as well as cases such as declarations of a soldier's disappearance or death, determinations of a soldier's lack or limited capacity for performing civil acts, and the appointment of guardians, where local courts may face certain difficulties in fact-finding or evidence determination. The Provisions also specify that disputes arising from the termination or cancellation of employment contracts between contract-based civilian personnel and military entities shall fall under the specialized jurisdiction of military courts, aiming to enhance military management, align better with procedures involving military affairs, and improve litigation efficiency.



(Source: https://www.court.gov.cn/fabu/xiangqing/463381.html)

Note: The link to the Chinese official website of the document is for your reference.