Stay True to the Mission and Improve the Legal Environment: A Summary of the People's Court System Providing Judicial Services and Safeguards to the Construction of the Belt and Road Initiative
Stay True to the Mission and Improve the Legal Environment: A Summary of the People's Court System Providing Judicial Services and Safeguards to the Construction of the Belt and Road Initiative
2021/3/24 11:09:53  点击率[829]  评论[0]
【法宝引证码】
    【学科类别】国际商法
    【出处】People's Court Daily
    【写作时间】2019年
    【中文关键字】
    【英文关键字】Belt and Road Initiative
    【全文】

    The Belt and Road Initiative was proposed by President Xi Jinping in September and October 2013 under the context of complex changes in the global economy. It is China's current national strategy, highlighting the wisdom of top-level design. In the construction of the Belt and Road Initiative, the rule of law is a significant guarantee, and the role of the judiciary is indispensable. Since the launch of the Belt and Road Initiative more than four years ago, the people's courts has consciously stayed true to the mission of the New Era, fully performed its judicial functions, and actively served and integrated into the construction of the Belt and Road Initiative.
     
    Multi-pronged strategies: Improve the legal environment
     
    On July 7th, 2015, the Supreme People's Court published Several Opinions of the Supreme People's Court on Providing Judicial Services and Safeguards for the Construction of the Belt and Road Initiative by People's Courts, and the Legal Research Center of the Belt and Road Initiative of the Supreme People's Court was formally established on the next day.
     
    Creating a fair and equitable legal environment is an important goal of the people's courts to serve and guarantee the construction of the Belt and Road Initiative, and the realization of it depends on the unification of judgment criteria and the specification of legal basis. In order to achieve this goal, the Supreme People's Court has issued a series of judicial interpretations: Provisions of the Supreme People's Court on the Scope of Acceptance of Cases by Maritime Courts and Provisions of the Supreme People's Court on the Jurisdiction Maritime Litigations on February 24th, 2016, Provisions of the Supreme People's Court on Several Issues concerning the Trial of the Relevant Cases Occurring in Sea Areas under China's Jurisdiction (II) on August 1st, 2016, Provisions of the Supreme People's Court on Several Issues concerning the Trial of Disputes over Independent Guarantee on November 22nd, 2016, Opinions of the Supreme People's Court on Providing Judicial Safeguards to the Construction of Free Trade Zones on January 9th, 2017, Notice of the Supreme People's Court on Clarifying Relevant Matters concerning the Standards for Hierarchical Jurisdiction over and Centralized Handling of Foreign-related Civil and Commercial Cases of First Instance on December 18th, 2017, Provisions of the Supreme People's Court on Several Issues concerning Deciding Cases of Arbitration-Related Judicial Review and Relevant Provisions of the Supreme People's Court on Issues concerning Applications for Verification of Arbitration Cases under Judicial Review on December 26th, 2017.
     
    In the meanwhile, under the supervision and guidance of the Supreme People's Court, people's courts at various levels have profoundly recognized the sacredly entrusted duties, actively served and integrated into the construction of the Belt and Road Initiative, exercised jurisdiction in accordance with the law, accurately applied international treaties and international practices, concluded a number of cases related to the Belt and Road Initiative with impartiality and efficiency, providing  powerful judicial services and safeguards for the construction of the Belt and Road Initiative. After conducting a sufficient research and proper selection of the cases, the Supreme People's Court released two batches of 8 and 10 typical cases respectively on July 7th, 2015 and May 15th, 2017, of the people's court providing judicial services and safeguards to the construction of the Belt and Road Initiative.  These cases are include but not limited to foreign-invested enterprise, international sale of goods, arbitration, recognition and enforcement of foreign judgments, letter of credit, equity transfer agreement, compensation for damage from marine pollution, carriage of goods by sea. In trying these cases, the people's courts made clear responses to difficult and complicated problems, defined the commercial rules, and unified the application of law, which highlights the fairness and efficiency of Chinese judicial system.
     
    Actively innovative strategies: Explore new forms of services and safeguards
     
    In addition to serving and safeguarding the construction of the Belt and Road Initiative through the trial of cases, the people's courts at various levels have also actively made other attempts.
     
    On December 9th, 2016, the Belt and Road Initiative International Commercial Mediation Center of the Beijing High People's Court was established by joint support from the Political and Legal Affairs Commission and the Social Affairs Commission of Beijing Municipal Party Committee, as a third-party social force actively contributing to diversified solutions to social conflicts.
     
    Cai Zhongguang, the Deputy to the National People's Congress, the Chairman of the Board and CEO of Guangdong Vango Investment Group Co., Ltd., said to the journalist:“In order to provide services and safeguard to the construction of Belt and Road Initiative, the Guangdong High People's Court has formulated Opinions of the Guangdong High People's Court on Fully Performing Its Trial Function to Provide Judicial Safeguarding for the Construction of China (Guangdong) Pilot Free Trade Zone and other normative documents, transformed and upgraded Shenzhen Qianhai Cooperation Zone People's Court and the People's Court of Hengqin New Area, Zhuhai, and set up Nansha People's Court of Guangdong Free Trade Zone. Besides, the Guangdong High People's Court has also established and improved relevant working mechanisms on communication and cooperation for the provision of judicial safeguards to the construction of the Belt and Road Initiative. These far-reaching measures are conducive to the enhancement of legal environment and better protection to the economic improvement of the Belt and Road Initiative, strengthening the SMEs confidence to develop.”
     
    Yang Feifei, the Deputy to the National People's Congress and technician of SHZBG Business Group of Shenzhen Foxconn Technology Group, told the journalist: “The Guangdong people's court system profoundly recognized the significance of the construction of the Belt and Road Initiative and the important mission entrusted to the people's courts. The Guangdong people's court system has improved the judicial philosophy and innovated work pattern. For example, Shenzhen Qianhai Cooperation Zone People's Court issued Opinions on Providing Judicial Safeguard for Establishment of Free Trade Zone and Cooperation Zone,  showing that the Guangdong people's court system provided high-quality judicial support for the implementation of this national strategy.”
     
    Huang Yulin, the Deputy to the National People's Congress and the Secretary of Yuzhong District Party Committee, said to the journalist: “In 2017, the people's courts in Chongqing closely focused on the position of Chongqing as an important pivot in Western China Strategy, and as the geographical connecting point of the Belt and Road and Yangtze River Economic Belt, and strived to build Chongqing the Inland Opening-up Highland and the Place of Beautiful Scenery. The people's courts in Chongqing have published 16 provisions on judicial safeguards to the construction of Pilot Free Trade Zone, 11 provisions on strengthening the development of the trial of financial cases protecting of Pilot Free Trade Zone and 16 provisions on the judicial safeguards to the construction of Inland Opening-up Highland, which overall served the development of the Belt and Road Initiative.”
     
    Praises from Deputies: Expect for new judicial performance in the future
     
    Never let all praise go to our head as there is always space for improvement. To this end, the Deputies also put forward new expectations on the people's courts work of providing judicial services and safeguards to the construction of the Belt and Road Initiative.
     
    Baijia Zhaxi, the Deputy to the National People's Congress and the Governor of the People's Government of Golog Tibetan Autonomous Prefecture, Qinghai Province, said to the journalist: “Qinghai Province is the joint connecting the Silk Road Economic Belt and the 21st-century Maritime Silk Road. Its unique location and natural resource endowments determine that the characteristics and path of its development must adhere to the rule of law. Qinghai people's courts should progressively take more initiative in ecological protection work and trial work to serve the overall situation, attach equal importance to ecological protection and construction, explore to build the Qinghai Mode of , and transform Qinghai from a province of underdeveloped economic into a strong ecological province.”
     
    Li Li, the Deputy to the National People's Congress and the President of the Second Civil Division of Fangshan District People's Court, Beijing, told the journalist: “The construction of the Belt and Road Initiative requires development of a multi-level financial support system, which puts higher demands on the healthy operation and risk management of the financial system. The people's courts should proceed the work based on characteristics and demands, explore other channels of judicial safeguards, provide accurate judicial services and safeguards, so as to create a fair judicial environment and a good financial circumstances for the Belt and Road Initiative.”

    【作者简介】
    Li Min

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