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To facilitate dispute resolution and trust, China’s Supreme Law issued a document to guide foreign-related lawsuits
China News Service, Beijing, September 25, title: Facilitating Conflict and Trust, China’s Supreme Law Issued Document to Guide Overseas Trials
China News Agency reporter Zhang Su
Regarding the “Guiding Opinions of the Supreme People’s Court on the extension of the opening of the service guarantee of the people’s courts” issued on the 25th, Yang Wanming, Vice President of the Supreme People’s Court of China, said that this will be an important part of the People’s Court to strengthen the foreign-related adjudication system and capacity-building in the future Guidance documents.
The opinions have a total of 17 articles divided into 6 parts and establish specific requirements for key areas of foreign-related lawsuits, such as foreign-related commercial and maritime matters, administration, intellectual property, cross-border bankruptcies, finance and enforcement, as well as deepen international judicial cooperation and exchanges, and train high-quality foreign-related trial personnel. . At the same time, the opinions also proposed a series of measures to improve the construction of the system of rules applicable to foreign-related laws, further improve the mechanism for settling international commercial disputes, and improve the procedural rules and sentencing standards. for the recognition and enforcement of civil and commercial judgments of foreign courts.
In the eyes of observers, the background for issuing opinions at this time is special. This is not only due to the continued increase in foreign-related civil and commercial maritime cases. In 2019, domestic courts received 15,872 new foreign-related civil and commercial cases, an increase of 11.26% year-on-year; it is also due to the rise of unilateralism and protectionism. China’s courts must adopt a higher standard of justice. Service and guarantee to promote a greater and deeper openness.
“The opinions not only provide guidance to people’s courts to ensure further expansion of openness to the outside world, but also reflect the commitment of our country’s people’s courts to provide high-level service guarantees for greater openness to the world. foreign, “said Guo Xiaomei, deputy director of the Department of Treaties and Laws of the Ministry of Foreign Affairs of China.
Looking at this court document, the various measures proposed to properly handle foreign-related cases in accordance with the law and improve the multiple dispute resolution and litigation service system are quite brilliant.
For example, in response to the judicial needs of the parties in cross-border litigation, it is proposed to “build a litigation service platform for parties outside the territory.” Wang Shumei, chairman of the Fourth Civil Trial Division of the Supreme People’s Court of China, said that cutting-edge technologies such as big data, cloud computing, blockchain, artificial intelligence and 5G will also be strengthened in the field of trials related to abroad to provide maximum convenience for Chinese and foreign parties to engage in litigation.
For another example, for local innovation, opinions support foreign arbitration institutions to establish business institutions in specific regions after registration and registration, accept international arbitration cases in accordance with arbitration agreements; support border areas, major node cities and central regions according to the principle of consultation, joint construction and exchange. Explore regional mechanisms for cooperation in the resolution of bilateral and multilateral disputes and establish a joint dispute resolution platform.
Another example is improving the “one-stop shop” international trade dispute resolution mechanism. Yang Wanming said that the establishment of the Supreme People’s Court International Commercial Court will be further promoted, the scope of the selection of the Supreme People’s Court international commercial expert committees will be expanded, and the construction of the service demonstration zone will also be promoted. international commercial law “Belt and Road”.
The interviewee further noted that the publication of this court document is expected to increase the confidence of Chinese and foreign parties in the Chinese market.
In order to protect the legitimate rights and interests of Chinese and foreign parties in accordance with the law, the opinions raise three elements as core elements of equal protection in civil litigation, respect for the autonomy of the parties and the exercise jurisdiction in accordance with the law. “Let more business entities understand China’s judicial system and inject confidence to foreign investors in deepening the Chinese market,” said Wang Shumei.
In order to create a convenient, internationalized and legalized business environment, opinions focus on the “three areas” of administrative litigation, intellectual property litigation, and cross-border enforcement. Among them, the punitive compensation system for intellectual property infringement is clearly and strictly implemented, and the foreign-related intellectual property litigation system is improved. Provide a fair and competitive market environment for Chinese and foreign parties.
In order to promote the improvement of the system of rules governing the application of foreign-related laws, opinions have taken action from four aspects, including the publication of leading cases and typical cases in several languages to improve understanding and understanding. confidence of international business entities in Chinese law.
In order to enhance the international influence of China’s justice system, opinions highlight the “three emphases.” The first is to actively participate in the conclusion of bilateral or multilateral legal assistance treaties, handle legal assistance cases in a timely manner, and promote mutual recognition and enforcement of civil and commercial judgments between countries.
According to Jiang Chenghua, deputy director of the Department of Treaties and Laws of the Ministry of Commerce of China, in August 2019, China joined the United Nations Convention on International Settlement Agreements resulting from mediation as the first group of members. For example, he said that the new version of the Negative List published in June this year further reduced the elements of the Negative List of Access to Foreign Investment and continued to expand access to markets. The Foreign Investment Company Complaints Measures revised and enacted in August also strengthened the protection and promotion of the legal rights and interests of foreign investment. Practical steps to continuously optimize the business environment.
Guo Xiaomei said that at present, China has concluded 169 bilateral criminal, civil and commercial legal assistance treaties with 81 countries, and has participated in a series of multilateral treaties with legal assistance content. “People’s courts strengthen international legal assistance in accordance with international treaties concluded or in which China has jointly participated, or in accordance with the principle of reciprocity, they will provide a more secure and predictable legal environment for China’s foreign legal relations.” , He said. (Finish)
