Supreme Law: my country has become the country with the most maritime cases
Author:21st Century Economic report Time:2022.09.27
21st Century Business Herald reporter Meng Yan intern Luo Ting Beijing reported
The maritime trial work of foreign affairs in the court is an important part of the construction of foreign rule of law and the external window of Chinese justice. On September 27, the Supreme People's Court held a press conference on high levels of maritime trial services for foreign -related business affairs. It has become the country with the most complete and most accepted maritime cases in the world's Shanghai events; in order to solve the increasingly increasing cross -border disputes, the court has continuously unified the standard standards of the referee and promoted the "one -stop" dispute resolution platform.
my country has become the most complete country in maritime trial agencies
Wang Shumei, the president of the Supreme Court of Fourth Fa Min, revealed at the meeting that from 2013 to June 2022, courts at all levels tried 295,000 civilians and maritime cases of foreign -related civilians and maritime affairs. The Supreme People's Court formulated 31 judicial interpretations of maritime trials of foreign affairs, 9 standardized documents, published 12 guidance cases, and 137 typical cases. The problem is clearly stipulated.
In terms of the construction of the International Maritime Judiciary Center, the new Nanjing Maritime Court has formed a national maritime trial organization system including 11 maritime courts and 42 sent courts. nation.
For a long time, issues such as external discounts and difficulties in foreign law have been difficult for foreign trials. According to Wang Shumei, the Supreme Law amended the judicial interpretation of judicial documents for foreign -related civil and commercial cases, further clarifying the rules of external delivery and regulating foreign delivery behavior; enabled the national court judicial assistance management platform, and the Ministry of Justice's civilian judicial assistance system networking to achieve realization Cross -departments of the delivery case are processed online to effectively shorten the off -service delivery cycle. The courts of many places formulate the guidance of the delivery of foreign -related civil and commercial cases. Under the premise of not violating the laws of the country, they explore electronic delivery, parties' transfer and delivery and entrusted lawyers, notarization agencies, and overseas Chinese groups to serve to effectively improve foreign delivery. Quality and efficiency.
In addition, the Supreme Law brings together five external laws to find out the resources of institutions and international commercial experts, establish a unified platform for external laws, and carry out the construction of external laws and case resource libraries to crack the problem of difficult problems. In order to facilitate the participation of cross -border parties to participate in the lawsuit, the Supreme People's Court issued the provision of providing files for cross -border litigation parties to provide a case of files for cross -border litigation, and to open online cases, entrust testor, inquiry and other services for cross -border litigation parties. Multi -prefecture courts provide multi -language litigation services for foreign parties.
Unified referee standard standards, promote the "one -stop" dispute resolution platform
With the continuous deepening of economic globalization, cross -border disputes are increasingly resolved. From 2013 to June 2022, the national courts concluded that 7,313 cases of civil and commercial judgments were performed and implemented by foreign courts, involving more than 40 countries. Civil and business judgments have been recognized and executed by multiple countries.
Shen Hongyu, deputy president of the Four Courts of Fa -CII, said that as of now, my country has concluded bilateral judicial assistance treaties with 39 countries including Italy, Brazil, Russia, Belarus, Uzbekistan, and Kazakhstan. The Supreme People's Court's "People's Court providing judicial services and guarantee for the" Belt and Road "construction of the" Belt and Road "to provide judicial services and guarantees stated that for the" Belt and Road "countries along the" Belt and Road "that have not yet concluded the judicial assistance agreement with my country, the country will give judicial assistance to the country.
The unity of the referee is essential in the resolution of cross -border disputes. At the end of 2021, the Supreme People's Court in the "Minutes of the National Court of Foreign Business Affairs Anti -Commercial Maritime Trial Symposium", the scope of foreign judgments, the rules of review procedures, the criteria of mutual benefit, the reasons for not recognition and enforcement, and the punitive compensation judgment judgment The processing principles, reporting, and notification mechanisms have made systematic improvement, and the standards of applicable to effectively unify the law.
In July 2021, the "one -stop" international commercial dispute diversified solution platform was launched. 10 international arbitration agencies and two international mediation agencies were included in the "one -stop" international commercial dispute diversification solution mechanism to achieve files, mediation, and evidence. Exchange, trial and other dispute resolution processes are processed online.
"In the future, the Supreme People's Court will continue to strengthen the follow -up research and trial guidance of such cases, further promote international judicial cooperation that the civil and commercial judgment acknowledges and enforcement, facilitate the resolution of cross -border civil and commercial disputes, and help open the development of the world economy." Shen Hongyu said.
Green water and green mountains are Jinshan Yinshan, and the construction of ecological civilization in foreign affairs in foreign affairs is still the focus. For marine resources and ecological environmental protection in my country's jurisdiction, Hu Fang, the vice president of the Supreme Court of Fa -CIII, said that the National Maritime Trial Court III Court uniformly referees the referee scale, establishes a professional trial mechanism, and the maritime courts jointly shared the ocean shared ocean Environmental judicial cooperation platform.
In May of this year, the Supreme Law and Supreme Procuratorate issued a judicial interpretation of the case of the case of marine natural resources and ecological environment public interest lawsuits, and clearly mentioned the subjects and jurisdictions of civil public interest lawsuits for civil, administrative and criminal civil public interest lawsuits for the marine environment. The linkage of the connection is made, and the judicial efficiency of public interest litigation has further emerged.
At the same time, Guangzhou, Haikou, and Beihai Maritime Court established the "Beibu Bay -Qiongzhou Strait" marine environmental resources to protect the "circle of friends"; Tianjin, Dalian, and Qingdao Maritime Court carried out the coordination and in -depth cooperation of judicial protection of ecological environment of the Bohai Ecological Environment High -level model.
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