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Original title: The Supreme Law issued guiding opinions to accompany a greater level of openness to the outside world
Our reporter Wu Xiaolu
On September 25, the Supreme People’s Court held a press conference and issued the “Guiding Opinions of the Supreme People’s Court on Further Openness of the Service Guarantee of the People’s Court” (hereinafter the “Guiding Opinions”).
Yang Wanming, vice president of the Supreme People’s Court, declared that opening up to the outside world is China’s basic national policy and the only way for the country to prosper and develop. The promulgation of the “Guiding Opinions” has three main meanings: first, it reflects the general awareness of being at the service of the national strategy and is an important measure for popular courts to ensure a greater level of openness to the outside world; the second is to find the mix and service approach and ensure openness to the outside world. Promote the modernization of the foreign-related adjudication system and adjudication capabilities; the third is to focus on key foreign-related adjudication border issues and create a legal and international business environment for people’s courts to clarify the direction and focus of the work.
The “Guiding Opinions” are reported to be divided into six parts and 17 articles, clarifying the general requirements, basic principles and work priorities of the people’s courts for greater openness to the outside world.
First, improve political positions and accurately understand the mission of ensuring judicial services to further expand openness.
Second, understand the “three fundamental elements”, that is, adhere to the principle of equal protection, fully respect the autonomy of the will of the parties, exercise judicial jurisdiction in accordance with the law and protect rights and interests equally. of the Chinese and foreign parties in accordance with the law.
Third, strengthen the “four key tasks” and continue to advance the modernization of the foreign-related commercial maritime adjudication system.
Fourth, focus on the “three areas”: administrative lawsuits, intellectual property lawsuits and cross-border enforcement of lawsuits, to create a convenient, international and legal business environment.
Fifth, based on the prevention and resolution of major risks, maintaining a stable development environment.
Sixth, highlight the “three emphases” and enhance the international influence of China’s judicial system comprehensively. 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. The second is to strengthen cooperation with international organizations. The third is to emphasize the cultivation of foreign-related judicial personnel. mechanism.
Yang Wanming said that the “Guiding Opinions” have four main innovation highlights: first, it focuses on unified coordination and further enhances the judicial service assurance in the open work system. The second is to optimize the legal environment and promote the construction of a system of rules that regulate the application of foreign-related laws. The third is to respond to real needs and improve the “one-stop shop” international trade dispute resolution mechanism. The fourth is to support local innovation and provide services to ensure a new pattern of openness.
