On the morning of the 16th, the Supreme People's Court held a press conference and issued the "Opinions of the Supreme People's Court on the People's Court Providing Judicial Services and Guarantees for the Construction of Hainan Free Trade Port" (hereinafter referred to as the "Opinions", see the second and fourth editions). Tao Kaiyuan, Vice President of the Supreme People’s Court, Wang Shumei, President of the Fourth Civil Division of the Supreme People’s Court, Chen Wenping, Vice President of the Hainan Higher People’s Court, and Li Yufei, Deputy Director of the Office of the Comprehensive Deepening Reform Commission of the Hainan Provincial Party Committee (Office of the Free Trade Port Working Committee) attended the announcement Will introduce the relevant situation and answer questions from reporters. Qin Fei, representative of the National People's Congress, professor of the School of Mechanical Engineering and Applied Electronics Technology, Beijing University of Technology, representative of the National People's Congress, member of the Central Committee of Jiu San Society, director of the Central Legal Committee of Jiu San Society, practicing lawyer of Beijing Xinli Law Firm, chief partner Yan Jianguo, Supreme People's Court Shen Sibao, member of international commercial experts, chairman of the International Economic Law Research Association of the Chinese Law Society, and director of the Institute of International Commercial Law of University of International Business and Economics, was invited to attend the conference. Li Guangyu, spokesperson of the Supreme People's Court presided over the press conference.
The construction of the Hainan Free Trade Port is a major event in the process of reform and opening up in the new era. Tao Kaiyuan said that the People’s Court is responsible for providing judicial services and guarantees for the construction of the Free Trade Port. The Supreme People’s Court is summing up the People’s Court to ensure comprehensive services in Hainan. The "Opinions" were formulated on the basis of the practical experience of opening up to the outside world. The "Opinions" require the People’s Court to fully understand the significance of building Hainan’s free trade port, establish a sense of service for the overall situation, adhere to the rule of law, implement new development concepts, and give full play to its judicial functions, in order to build Hainan’s free trade port into a new highland for opening up. Practise a new path for opening up to the outside world at a higher level and provide powerful judicial services and guarantees.
The "Opinions" is the first judicial document issued by the Supreme People's Court in 2021. It is divided into seven parts and 30 articles, clarifying the overall requirements and specific measures in key areas for the People's Court to serve and guarantee the construction of the Hainan Free Trade Port. The "Opinions" fully grasp the goals and tasks of the people's courts to serve and guarantee the construction of the Hainan Free Trade Port, require the people's courts to accurately grasp the domestic and international situations, follow the basic principles of "three insistences and one for reference", and actively promote the construction of Hainan Free Trade Port "three steps" Go" development goals are achieved. Promote system integration and innovation, and improve the legal construction system of free trade ports. Strengthen trial functions in key areas, and promote the establishment of a policy system compatible with high-level free trade ports.
The "Opinions" emphasized that it is necessary to strengthen the construction of the trial mechanism and trial capacity for tourism disputes, adapt to the development of the modern service industry of the Hainan Free Trade Port, increase judicial protection of intellectual property rights, and promote the construction of a modern industrial system. Support the construction of smart Hainan and create a new pattern of social governance featuring co-construction, co-governance and sharing. Participate in the construction of a risk prevention and control system to effectively prevent and resolve major risks. Actively learn from international experience, and strive to improve the internationalization capacity and level of judicial protection of free trade ports.
"The "Opinions" closely integrate the actual needs and development goals of the Hainan Free Trade Port construction, and have outstanding pertinence, innovation and internationality." Tao Kaiyuan introduced that the "Opinions" highlight the integration and innovation of systems and promote the improvement of the free trade port's legal construction system; It embodies the characteristics of Hainan and provides precise judicial services and guarantees for the construction of free trade port policies and systems; benchmarking against international first-class standards has improved the judicial capacity and level of service guarantees for the construction of free trade ports.
Tao Kaiyuan introduced the relevant situation of the Supreme People’s Court’s establishment of an international commercial dispute resolution mechanism. She said that a fair and efficient international commercial dispute resolution mechanism is an important content of the rule of law business environment and an important guarantee for expanding opening up. After more than two years of development The International Commercial Court has entered the stage of substantive operation and has accepted 18 influential international commercial cases. It has formed an organic connection mechanism with the International Commercial Court for arbitration, mediation and litigation, providing convenient, efficient and low-cost disputes for Chinese and foreign parties. Solve the service. "The "Opinions" put forward a series of concrete measures to strengthen the construction of the Hainan Free Trade Port's international commercial dispute resolution mechanism. We expect that Hainan can start the construction of an international commercial dispute resolution center as soon as possible to provide a strong guarantee for my country to strive for new international competitive advantages. "
The reporter noticed that the "Opinions" has made major adjustments to the jurisdiction of Hainan courts, especially some mechanism innovations for maritime trials and administrative cases. Wang Shumei said that the construction of the Hainan Free Trade Port is a major national strategic decision. It requires Hainan Free Trade Port to innovate its policy, system and environment. The trial work of the People’s Court must follow the requirements of Shanghai South Free Trade Port to continuously expand its opening to the outside world and give full play to maritime affairs. With the professional advantages of trials and transportation trials to safeguard national sovereignty and rights and interests, the "Opinions" have optimized and adjusted the jurisdiction of the people's courts based on the actual needs of the construction of the Hainan Free Trade Port.
Shen Sibao said that the issuance of the "Opinions" is an important measure taken by the Supreme People's Court to provide judicial protection for my country's economic development in a timely manner. He believes that the release of the "Opinions" will provide low-cost and high-quality judicial services and guarantees for the development of Hainan Free Trade Port.
"The Supreme People's Court issued the "Opinions" in the form of Circular One, which is sufficient to show that it attaches great importance to the construction of Hainan Free Trade Port." Qin Fei said that the "Opinions" based on the needs of Hainan's high-level opening up, proposed a series of specific measures. It will forcefully promote the in-depth integration of Internet technology with trial and enforcement work, enhance the judicial capacity and litigation service level of Hainan courts, and provide support and guarantee for accelerating the construction of a high-level free trade port with Chinese characteristics.
As a representative of the legal profession, Yan Jianguo has always been concerned about the establishment of a diversified dispute resolution mechanism. He stated that the "Opinions" proposes to build an international commercial dispute resolution center in Hainan Free Trade Port, and supports the innovative development of international commercial mediation and international commercial arbitration mechanisms. The “one-stop” international commercial dispute resolution mechanism that organically integrates mediation, arbitration and litigation will play a role in broadening international commercial dispute resolution channels, integrating high-quality domestic and foreign dispute resolution resources, and forming a litigation and non-litigation dispute resolution mechanism. positive effects.
(Original title: Provide powerful judicial services and guarantees for the construction of Hainan Free Trade Port)
