In the event of a jurisdictional dispute between various people s courts, it shall be resolved by the disputing parties through consultation; if the dispute cannot be resolved through consultation, it shall be reported to a people s court superior to both disputing parties for the designation of jurisdiction.
Article 38. Should any party hold an objection to the jurisdiction of a case after its acceptance by a people s court, the party shall raise the objection during the term for filing the bill of defence. The people s court shall examine such objection. If the objection is tenable, the people s court shall order that the case be transferred to the people s court that does have jurisdiction over the case; if the objection is untenable, the people s court shall order to turn it down.
Article 39. People s courts at higher levels shall have the authority to try civil cases over which people s courts at lower levels have jurisdiction as courts of first instance; they may also transfer civil cases over which they themselves have jurisdiction as courts of first instance to people s courts at lower levels for trial.
If a people s court at a lower level deems it necessary for a civil case of first instance under its jurisdiction to be tried by a people s court at a higher level, it may request such a people s court to try the case.
CHAPTER III TRIAL ORGANIZATION
Article 40. Civil cases of first instance shall be tried in a people s court by a collegial panel consisting of both judges and assessors or of judges alone. The collegial panel must have an odd number of members.
Civil cases to which summary procedure is applied shall be tried by a single judge alone.
When carrying out their duties as assessors, the assessors shall have equal rights and obligations with the judges.
Article 41. Civil cases of second instance shall be tried in a people s court by a collegial panel of judges. The collegial panel must have an odd number of members.
When retrying a case remanded by a people s court of second instance, the people s court of first instance shall form a new collegial panel in accordance with the procedure of first instance.
If a case for retrial was originally tried at first instance, a new collegial panel shall be formed according to the procedure of first instance; if the case was originally tried at second instance or was removed to a people s court at a higher level for trial, a new collegial panel shall be formed according to the procedure of second instance.
Article 42. The president of the court or the chief judge of a division shall designate a judge to serve as the presiding judge of the collegial panel; if the president or the chief judge participates in trial, he himself shall serve as the presiding judge.
Article 43. When deliberating a case, a collegial panel shall observe the principle that the minority shall defer to the majority. The deliberations shall be recorded in writing, and the transcript shall be signed by the members of the collegial panel. Diverging opinions in the deliberations must be truthfully entered in the transcript.
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