I. Main functions
(1) Main functions
Kunming Railway Transport Intermediate Court is a national judicial organ, which independently exercises judicial power according to law and mainly performs the following duties as a national judicial organ:
1. To hear criminal, civil and administrative cases of first instance under the jurisdiction of Kunming Railway Transport Intermediate Court according to law.
2. To hear criminal, civil and administrative cases of second instance under the jurisdiction of Kunming Railway Transport Intermediate Court according to law.
3. To hear criminal, civil and administrative cases under the jurisdiction of Kunming Railway Transport Intermediate Court in accordance with the trial supervision procedures.
4 centralized jurisdiction over the first, second and retrial cases of environmental resources that should be under the jurisdiction of the Intermediate People's Court of Yunnan Province according to law.
5. To hear all kinds of cases under the jurisdiction designated by the superior court according to law.
6. To hear cases of commutation and parole according to law.
7. Exercise the designated jurisdiction of the lower railway transport court according to law.
8. Handling state compensation cases according to law.
9 to supervise and guide the trial work of the lower railway transport courts according to law.
10. Exercising judicial execution power and judicial jurisdiction according to law.
1 1. Investigate and study the legal policies and difficult problems in the trial work, and put forward judicial suggestions on the problems found in the trial.
12. Responsible for the construction, organization and management of cadres of railway transport courts at lower levels.
13. Be responsible for the judicial administration of our hospital and guide the railway transport courts at lower levels.
14. Responsible for the news propaganda work of our hospital and guiding the lower railway transport courts.
15. Be responsible for the supervision of our hospital and guide the lower railway transport courts.
16. Undertake other tasks assigned by superiors.
There are grass-roots and intermediate courts, but there is no high-level railway court. The specific level depends on the size of the city, and the president of the railway intermediate court should belong to the deputy department level. Of course, the railway courts in different cities have different levels, which still depends on the specific situation.
The Railway Transport Court developed from the former specialized courts along the railway and was renamed as "Railway Transport Court" on 1955. Later, after restructuring and merger, it was reduced a lot. At present, there are two levels of railway transport courts: intermediate and grassroots. The court at the next higher level of the Intermediate People's Court of Railway Transport is the local higher people's court, which implements a four-level system of two trials and final adjudication.
At the end of June, 20 12, 7 railway intermediate courts and 58 railway grass-roots courts were completely restructured, completely separated from railway enterprises and placed under the local court system. At this point, the "specialization" color of the railway transport court has been greatly weakened. According to the "Several Provisions on the Jurisdiction of Railway Transport Courts" issued by the Supreme People's Court 12 in August, the current railway transport courts have jurisdiction over civil and criminal cases involving railway transport, railway safety, railway property and other fields; In addition, the high courts of all provinces, autonomous regions and municipalities directly under the Central Government may also designate railway transport courts within their respective jurisdictions to have jurisdiction over other types of civil cases. As a result, the jurisdiction of railway courts in various places is varied, not limited to railway cases; In addition to the characteristics of cross-regional setting, the specialization of railway courts has almost disappeared.
Legal basis:
Organic Law of the National People's Congress of the People's Republic of China
Article 20 The Presidium of the National People's Congress, three or more delegations or more than one-tenth of the deputies may jointly propose the recall of NPC Standing Committee members, Chairman People's Republic of China (PRC), Vice-Chairman, members the State Council and the Central Military Commission (CMC), Chairman director of the National Supervisory Commission, President the Supreme People's Court and Attorney General the Supreme People's Procuratorate, which shall be submitted by the Presidium to the General Assembly for deliberation.
Article 21 During the session of the National People's Congress, a delegation or more than 30 representatives may jointly submit written questions to various departments in the State Council, the State Council, the National Supervisory Commission (NSC), the Supreme People's Court and the Supreme People's Procuratorate.