Today, this lawyer is in Beijing court of the first intermediate people appears in court handled one case by what sue what the divorce causes administer demur appeal case. The circumstance is roughly: White lady (alias, divorce case prosecutor) because of burst of feeling of husband and wife at entrusting this lawyer this year in May court of district of Haidian of northerly capital city mentions divorce suit. Before formal open a court session, the accused introduced from the northern and western nationalities or from abroad gentleman (alias, divorce case the accused) acting lawyer puts forward to the court however administer demur, think this case should save some town court of justice by Henan of ground of the accused census register administer. The behavior of suit of protracted to the accused ill will divorce, this lawyer does not receive a visitor of course gas, let Haidian court reject the other side with the means of the ruling with the evidence of authentic administer demur application. According to the regulation of code of civil law and marriage law, if the accused refuses to obey this ruling, can mention to intermediate people court appeal. As expected, the accused is in receive ruling postscript to entrusted its lawyer to mention to appeal again. Still request to move this divorce case the native place cognizance that sends him.
Then, this divorce lawyer came to Beijing today court of the first intermediate people attended this administer the 2 careful of demur problem. The evidence that prepares because of this lawyer place is very sufficient, quadrangle judge expresses to be able to reject the appeal of the other side on the court. Although quadrangle the problem of adjudgement it doesn't matter of this judge, but in process of front courtyard careful the judge said a lay language lets this lawyer feel accident. The word carelessness of this judge is: "Although place of introduced from the northern and western nationalities or from abroad gentleman is carried administer demur is district administer problem (namely this case first instance should be in Beijing Haidian court or cognizance of court of its Henan native place) , but as intermediate court, this front courtyard has authority to undertake be checkupped actively administer to level. So, whether does the divorce belongings that should this front courtyard ask bilateral party to place is involved achieve 5 ten million? According to the regulation of Beijing High Court, if achieve, criterion this case should by us intermediate judge administer. " the divorce property that fortunately this case place involves had be notted achieve 50 million, so this judge of quadrangle did not continue to investigate this issue again. However, fasten the understanding that provides administer about class to Beijing High Court to this judge, this lawyer is not agreed with. Stem from the feeling of professional community, still cannot help putting forward crosscurrent on the court: "Judge, the understanding of that regulation of the Beijing tall courtyard that says to you according to this lawyer thinks, this standard applies to 5 ten million only case of civilian trade issue, do not apply to divorce case. According to that regulation, the case of first instance divorce that is in Beijing area at present is same try by basic level court. Cite a case to you: Inventor of mad last year English divorce case of Li Yang, although the belongings of place drag in exceeds 5 ten million, but first instance remains what try in court of district of Beijing rising sun. " the contains example different opinion that hears this lawyer, this judge cannot think of to refute an opinion suitably apparently, dealt with a few to go constrainedly only. Concern with this case as a result of this problem not quite, this lawyer also is done not have again get to the bottom of.
After the event, this lawyer inquired the regulation of Beijing tall courtyard again. This regulation makes clear marriage, will successive, family, property the first instance arrangement of case of dispute of accident of damages of service, person, traffic, labor and case of group sex dispute is in basic level court, not applicable the regulation that decides about the forehead with litigant mark class leaves administer alone.
Not only such, a few judges just are encountered when a:appellant material that divorce case inquires one case in front courtyard of one quadrangle put on record before a few months talking about divorce case one case, this lawyer also attended to discuss, involved the level about case of first instance divorce to manage administer problem among them. The result of that discussion is very unified, think consistently to press at present the regulation of tall courtyard, the case of first instance divorce of Beijing area is same by basic level court administer. Did not think of to because tall without serious understanding courtyard sets,encounter this however in one quadrangle, and the judge that holds opinion of a few clique.
