Serve the Construction of the Belt and Road Initiative, Display Chinese Judicial Civilization
Serve the Construction of the Belt and Road Initiative, Display Chinese Judicial Civilization
2021/3/24 11:14:35  点击率[887]  评论[0]
【法宝引证码】
    【学科类别】国际商法
    【出处】The People's Court's News and Media Agency
    【写作时间】2018年
    【中文关键字】
    【全文】

    On June 29, the First International Commercial Court and the Second International Commercial Court of the Supreme People's Court of China (“the SPC”) were inaugurated respectively in Shenzhen, Guangdong Province and Xi'an, Shanxi Province. It is a significant event in the development of foreign-related commercial trials and even the people's judicial cause, which marks a new page in the SPC's construction of foreign-related commercial trials and a new phase of the People's Courts in service of the construction of the Belt and Road Initiative.
     
    The establishment of International Commercial Courts of the SPC is a significant reform deployment made by the CPC Central Committee led by President Xi Jinping. It is also a major initiative to strengthen international cooperation of rule of law in the new era and to provide fair and efficient judicial service and legal safeguard for the construction of the Belt and Road Initiative. On 23 December 2018, President Xi Jinping presided the meeting of Central Leading Group for Deepening Overall Reform, which deliberated and adopted the Opinion Concerning the Establishment of the Belt and Road International Commercial Dispute Resolution Mechanism and Institutions (“the Opinion”)。 Recently, the General Office of the CPC Central Committee and the General Office of the State Council have published and distributed the Opinion, which presents the central government's full affirmation of the cause of SPC's foreign-related commercial trials.
     
    In the great process of making new ground in pursuing opening up on all fronts, the establishment of the China International Commercial Court (“the CICC”) will actively promote international cooperation in the Belt and Road Initiative and properly resolve commercial disputes arising in the construction of the Belt and Road Initiative in accordance with the law. The CICC will equally protect the legitimate rights and interests of Chinese and foreign parties and endeavor to create fair and just business environment. The CICC will also provide better judicial service and safeguard for the advancement of the Belt and Road Initiative, for implementation of policies to promote high-standard liberalization and facilitation of trade and investment, and for the establishment of an open global economy.
     
    The establishment of the CICC will foster judicial exchanges and broaden the international cooperation on rule of law. In today's world, openness, inclusiveness, diversity and mutual learning are the keynotes. Since the countries along the Belt and Road vary in economic development, cultural background, legal system and legal culture, diversified dispute resolution mechanisms should be established as an important safeguard for international economic exchanges. Established under the principle of planning together, building together and benefit together, the CICC can give full play to the advantages of fairness, convenience, efficiency and low-cost of a “one-stop” dispute resolution center. The CICC can also promote the different advantages of legal experts in different countries along the Belt and Road in foreign law ascertainment and dispute resolution. The legal experts can make the most of their strengths and potentials to find best dispute resolution plans and contribute in the continuous advancement of international commercial legal system as important bridges to resolve international commercial disputes, reduce legal conflicts, and promote the coordination and integration of international commercial legal system.
     
    Relying on the achievements of smart court, the establishment of the CICC will promote the modernization of the international judicial system and competence. Taking advantage of the fully building of smart court, the CICC will accelerate the building of the legal database of countries along the Belt and Road and the building of foreign law ascertainment centers. The CICC will strengthen the informatization management and big data analysis of the cases related to the implementation of the Belt and Road Initiative to provide intelligence service for judges and to make sure the correct application of laws and consistent rules of adjudication. In this process, a large number of international legal talents will be trained and many domestic and foreign legal experts who are proficient in international law, international business rules, and foreign languages will be attracted to participate in cross-border commercial dispute resolution.
     
    The CICC is the permanent adjudication organ of the SPC, representing the national judicial image, bearing the ardent expectations towards impartial judicature of the CPC, the state, the people, and the countries along the Belt and Road. The goal of “making people feel fair and just in every judicial case” put forward by President Xi Jinping shall be kept in mind and the CICC shall be built into a solid defender of fairness and justice and an extraordinary emblem of judicial civilization of China.

    【作者简介】
    Commentator of People's Court Daily

    本网站文章仅代表作者个人观点,不代表本网站的观点与看法。
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