国际条约适用

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最高人民法院发布4起提级管辖典型案例
Yang Shi Wang· 2025-07-29 02:21
Core Viewpoint - The implementation of the elevated jurisdiction system in China's judicial process is crucial for enhancing the supervision and guidance of lower courts, ensuring fair and efficient resolution of disputes, and promoting the correct and unified application of law [1][2]. Group 1: Overview of Elevated Jurisdiction - The Supreme People's Court has issued guidelines to strengthen and standardize the elevated jurisdiction and retrial processes, emphasizing the role of higher courts in unifying legal application and preventing local protectionism [1][2]. - The first batch of typical cases under the elevated jurisdiction was published in 2024, showcasing the practical application of this system [1]. Group 2: Characteristics of Typical Cases - The typical cases published demonstrate the effectiveness of elevated jurisdiction in resolving disputes efficiently and justly, particularly in areas with frequent similar cases [2]. - The cases highlight the establishment of clear adjudication rules for new types of cases, ensuring consistent legal standards across jurisdictions [3]. - Elevated jurisdiction has proven effective in preventing local protectionism, safeguarding the legal rights of vulnerable groups [4]. Group 3: Specific Case Summaries - Case 199: A series of trademark infringement disputes were resolved through mediation, establishing compensation standards and promoting awareness of intellectual property rights among local businesses [5][6][7]. - Case 200: The court clarified the legal nature of illegal foreign exchange trading involving virtual currencies, contributing to the maintenance of national financial security [9][10][11]. - Case 201: The court addressed the rights of "foreign married women" and their children in compensation claims, reinforcing gender equality and social governance [13][14][15][16][17]. - Case 202: The court clarified the application of international treaties in air cargo transport disputes, enhancing the protection of both domestic and foreign parties' rights [18][19][20][21][22].