Relevant person in charge of the Supreme Law Answer on the "Opinions" and a typical case of supporting the reporter.
Author:The highest law Time:2022.07.25
The relevant person in charge of the Supreme Law on the Supreme People's Court's Opinions on Providing Judicial Services and Guarantee for Sading the Construction of Judicial Services and Guarantee for Accelerating the Construction of a Unified Unified Market "and a typical case answer to reporters
On July 25, the Supreme People's Court issued the "Supreme People's Court's Opinions on Providing Judicial Services and Guarantee for Speeding Judicial Services and Guarantee to Accelerate the Construction of Unified Unified Markets" and a typical case of supporting facilities. Yang Wanming, deputy dean of the Supreme People's Court, Duan Nonggen, Director of the Research Office of the Supreme People's Court, Zhou Lunjun, deputy president of the Supreme People's Court, and Li Jian, deputy president of the Supreme People's Court, attended the press conference and answered questions from reporters. Li Guangyu, a spokesman for the Supreme People's Court, will be chaired by Li Guangyu.
The picture shows the conference site.摄 立 立
Question 1: The people's court assume an indispensable and important responsibility in the construction of a unified market in the country. What role does the people's court play in the construction of a unified market in the country? Can you summarize with a few keywords?
Answer: General Secretary Xi Jinping emphasized that the market economy is the rule of law economy, which is enough to reflect the important position of the rule of law and judicial work in the construction of a unified market in the country. The rule of law is the rule of rules, and many legal rules, especially the legal rules of the civil and commercial field, are the expression of rule of law in the market rules. Therefore, the correct implementation of the law is to maintain market rules. Judicial power is the central affairs. The people's courts implement laws and correctly implement laws throughout the country to ensure that market rules are unified and unobstructed in the country's standards. To this end, the central government's "Opinions" proposed that the construction of a large unified market in the country must play the leading, standardized, and guarantee role of the rule of law. These three keywords accurately summarize the important role of the people's court in the construction of a unified market in the country.
Leading, the people's court told the market subject through judicial referee, judicial policy, and judicial propaganda, telling the market subject what the rule of law advocated, opposed, and prohibited, and guided market players to enhance the awareness of the rule of law, the spirit of contract, and the concept of keeping in accordance with the market laws and laws and regulations. Essence The norm is illegal and criminal acts related to the construction of a unified market through judicial work, and correct the lack of absence of non -lawsuit, non -obedience, and faith in in accordance with the law, maintain a good market order, and ensure the physical health and vitality of the national unified large market. Protection is to strengthen the use of equal protection of market entities, promote the use of market elements, and ensure that market rules are generally complied with, and ensure the efficient and smooth operation of the national unified large market in accordance with the law. The "Opinions" of the Supreme People's Court revolved around these three keywords.
Question 2: What are the systematic design of the "Opinions" in reducing market transaction costs?
Answer: The "Opinions" will further reduce market transaction costs as one of the five major goals of accelerating the construction of a national unified market. Focusing on reducing market transaction costs, the Supreme Court's "Opinions" mainly made four aspects of institutional arrangements: First, support to build a unified elements and resource markets in accordance with the law, improve the rules of refereeing in competition cases, and issue antitrust civil litigation judicial interpretations in a timely manner. Strengthen judicial antitrust and anti -unfair competition, stop monopoly acts such as monopoly agreements and abuse of market dominance in accordance with the law, punish illegal criminal behaviors to disrupt market order in accordance with the law, and break the institutional mechanism obstacles to the market -oriented configuration of various production factors and the circulation of commodity services. Reduce institutional transaction costs. The second is to improve the business environmental judicial guarantee mechanism, introduce the judicial interpretation of the civil code contract, implement the principle of freedom of contract, honesty and trustworthiness, regulate dishonesty trading behavior in accordance with the law, encourage and protect legal transactions, increase implementation work, timely fulfill the market entities in time Winning rights and interests, unblocking the circulation of goods and services, and reducing the cost of circulation. The third is to improve the work mechanism of the unified legal application, through the release of judicial interpretation and guiding cases, forced search for the case, improve the work mechanism of professional judges' conferences, build a multi -level, three -dimensional law applicable divergence solution mechanism, and improve the judicial disclosure system system system Promote the construction of the judicial system, ensure that the rules of the referee are unified, transparent, and expected, and the cost of negotiation and investigation of market entities will be reduced. The fourth is to steadily promote the reform of the 4 -level court trial function positioning, use the results of the complicated and simplified reform of civil cases, and introduce the judicial interpretation of legal issues of civil tailoring, further promote the simplification of the cases, the separation of the severity, and the rapid separation of the case. The construction of a one -stop diversified income and litigation service system, strengthen the construction of Internet judicial and smart courts, meet the judicial needs of the efficient and convenient resolution of market entities, and effectively reduce the cost of resolving the dispute between market entities.
Question 3: The Supreme People's Court has to help the development of unified capital markets, especially what are the measures to strengthen investors' protection?
Answer: The unity of system and rules is an important content to develop a unified capital market. In recent years, the Supreme People's Court has formulated a number of judicial interpretation and judicial policy documents, which are applicable to unified laws, strive to create a rule of law environment that allows investors to rest assured, reduce the institutional cost of capital market financing, and promote the development of a unified capital market. These measures mainly include: First, the judicial interpretation of the trial of criminal cases of illegal fund -raising criminal cases in a timely manner, further clarify the crime composition of illegal fund -raising crimes such as stocks, bonds, and fund shares without authorization, and combat various "Ponzi scams" and investment in accordance with the law. trap. The second is to study and formulate insider trading in the securities and futures market, manipulate the judicial interpretation of criminal cases in the market, and maintain a fair and fair capital market order. The third is to revise and improve the judicial interpretation of the false statement of civil compensation, and clearly clarify the national securities trading venue and regional equity market established in accordance with the law. Responsible subjects such as people and responsible intermediaries must bear civil liability for civil compensation in accordance with the law. Fourth, in order to better help the pilot reform of the registration system for stock issuance, three opinions for providing judicial security for the establishment of science and technology boards, GEM reform and the establishment of the Beibei Stock Exchange have been introduced to escort the healthy development of the multi -level capital market. Fifth, with the People's Bank of China, the Development and Reform Commission, and the China Securities Regulatory Commission, the referee scale of the trial of the dispute over bonds, and the same judicial rules for bond issuance and trading activities of the interbank market and the exchange market, and combat bond fraud issuance and escape from bond fraud. Debt behaviors promote the unified standards of law enforcement in the bond market. Sixth, through the "Minutes of the National Court of Civil Commercial Trial Works" to clarify the appropriate obligations of high -risk financial products such as asset management products, the appropriate obligations of the seller and service of asset management products and the obligation of informing the informs, standardize the sales behavior of the operator, and protect the legitimate rights of investors Essence Seventh, to formulate the judicial interpretation of representative litigation in a timely manner, guide and encourage investors to "take a car" to protect their rights through the representative litigation system, and give full play to the function of "gathering sand into a tower, axillary into a fur", to show the financial fraud, insider transactions, and insider trading,, inside story transactions, and insider trading, inside story transactions, and insider trading, inside story transactions, and insider trading, inside story transactions, and insider trading. The determination to manipulate the "zero tolerance" of violations such as the market and other violations of laws. Eighth is the innovation working mechanism, and jointly carried out diversified financial disputes with financial management departments such as the People's Bank of China, the China Banking Regulatory Commission, and the China Securities Regulatory Commission. Judicial needs. Nine is to guide the local court to trial a number of criminal cases of capital markets such as manipulation markets, insider trading, illegal fundraising, illegal disclosure, and not disclosure of important information in accordance with the law, and the fraud issuance of stocks and bonds, and false statement civil compensation cases. Correct the responsibilities of the issuer, the controlling shareholder, the actual controller, and the intermediary agency in accordance with the law, and increase the cost of the capital market's violations of laws and regulations. Ten is to strengthen the professional construction of financial trials. The high standard and high starting point set up the Shanghai Financial Court, the Beijing Financial Court, and the Chengdu -Chongqing Financial Court will be listed soon. Multi -local courts have set up a special financial trial or collegiate panel, and professional financial trial teams have formed. In the next step, the Supreme People's Court will further summarize the trial experience, actively carry out investigations of new types of cases such as asset -supported securities, cryptocurrencies, and cross -border financial product transactions, effectively protect the legitimate rights of investors, and provide the healthy development of the unified capital market in the country. High -quality judicial security.
Question 4: With the rapid development of the platform economy, the antitrust and anti -unfair competition cases of the network platform are increasing. Please introduce the trial work in this regard?
Answer: With the development of the platform economy, market competition is becoming more and more intense, and monopoly and unfair competition behaviors are implemented through data, algorithms and other methods, and the forms are more hidden and diverse. The people's court focuses on grasping the economic development law of the platform, improving the quality of trials, and promoting the healthy and sustainable development of the platform's economy. The "Opinions" released today put forward clear requirements for antitrust and anti -unfair competition trials. In the next step, the people's court will continue to do a good job of the following aspects: First, properly handle the monopoly and unfair competition disputes in the Internet field in accordance with the law, maintain fair market competition, and guide the whole society to form a market environment that advocates, protects and promote fair competition. The second is to correctly implement the anti -monopoly law, anti -unfair competition law, and related judicial interpretations, and continuously refine and improve the rules of the referee. The third is to improve the work connection mechanism of regulatory departments such as the market, finance, and the Internet, promote the unification of administrative law enforcement standards and judicial referee standards, and promote the construction of a large -scale protection work pattern.
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