Shenzhen Oral History ｜ Ma Zhanju: Take root in Qianhai devoted to the construction of the pre -demonstration court

Oral time: April 21, 2022

Oral location: meeting room of the People's Court of Qianhai Cooperation Zone, Shenzhen

Horseman

Born in December 1973, from Anyang, Henan, he graduated from the Department of Law of Henan University and has a master's degree in law. He is currently a member of the Judgment Committee of the People's Court of Shenzhen Qianhai Cooperation Zone, director of the trial management office, secretary of the party branch, and a senior judge. After 25 years of trial work, he has always practiced the original intention of justice for the people, actively devoted himself to the construction of the rule of law in the former Sea Free Trade Zone. The provincial outstanding Communist Party members and other titles, and they have established personal second -class merits and 4 personal third -class skills.

In the Qianhai Court, he took the lead in completing a number of judicial reform investigations, including the transfer of the parties to the civil and commercial cases involved in Hong Kong, the work mechanism of the new trial team, the research of the referee of the factoring contract, etc. Obvious results. He tried the SDIS Insurance Law to claim the Tianshan Company's factoring contract dispute, and was selected as the top ten typical cases of judicial security in Guangdong Province.

In the context of promoting the construction of the "Shuang District" in Shenzhen, the pre -demonstration construction of Qianhai Free Trade Zone and Qianhai Court is not time to stay. Since I have chosen to take root in Qianhai, we should always maintain the impulse and strength of the "struggler" and always keep in mind keeping in mind The feedback and dedication of the "service provider" provides a more secure judicial guarantee for the strugglers and servicers of the same way as me, and create a more international and convenient business environment for Qianhai and Shenzhen.

one

The idea of ​​choosing Shenzhen is derived from a trip. Twenty years ago, my lover and I traveled to Shenzhen to marry. At that time, I lived in OCT and witnessed the vitality of the city of reform and opening up. Leave the seeds of deep development.

I have always dreamed that one day I can go to Shenzhen to show their ambitions

I am from Anyang, Henan. I grew up in the countryside from an early age and entered the Law Department of Henan University in the university. After graduating from college in 1996, most of our classmates went to work in the public prosecution law system in the local area. I was no exception. I returned to work in a grass -roots court in Anyang City. In 2003, 30 -year -old I grew up as the president of a grassroots court.

One day in 2004, I browsed the "People's Court" in the office and accidentally saw the news of the Shenzhen Baoan District People's Court recruiting 20 judges nationwide. Suddenly I remembered that when I got married with my wife four years ago, I dreamed that one day I could go to Shenzhen to show their ambitions, and immediately called to ask if I met the conditions. The other party expressed very welcome. To be honest, my parents were opposed to my choice at the time. They felt that being a civil servant in my hometown was very good. I soothed them: "I'll go and break, I can't come back again."

In this case, I came to Shenzhen and joined the Songgang People's Court of the Baoan District People's Court. At that time, the Songgang Court was a three -story old building with a history of 20 or 30 years. On the first day of the report, the court's internal service said: "Just when the first day came, you rest first." The next day, he held a big roll and said, "Judge Ma, very embarrassed, this batch of cases have been I have been waiting for a long time. "I was very surprised:" Why are there so many cases? How many cases do judges do in a year? "He replied:" A judge has to deal with four or five hundred ancestors a year. "

When I was the president in Anyang, I dealt with two cases a month. The entire court was only more than 200 cases a year. Now I am divided into more than 60 cases. I can't help but feel that Shenzhen is really the forefront of reform and opening up. I quickly adjusted myself to enter the work state, opened the court during the day, and wrote a verdict at night. After coming to Shenzhen, in addition to feeling that the court's work is very fast, there is a little less adaptable to computer office. In Anyang, the judge was a handwritten judgment, and it was handed over to the Wenyin room to print, so I would not type with a computer before. In order to adapt to work as soon as possible, I specialize in studying the Wubi type input method outside the class, and I can use the computer after one month.

Two years after working in the Songgang Court, I have been transferred to the Criminal Garden of the Baoan District People's Court and the Economic Court (now easy to name to the Commercial Court) to handle the case. In 2010, I was appointed as the President of the Fourth Court of the People's Court of Baoan District. The professionalism of foreign -related cases and intellectual property cases is relatively strong. We are constantly advancing in summary, and various tasks are on track.

two

Qianhai is the "Special Economic Zone in the Special Economic Zone". I am full of longing for the construction of the court in Qianhai. I chose to come to Shenzhen more than ten years ago to become a struggler in the Special Economic Zone. Now this kind of motivation is still there. I just want to do it. A new era special judge with faith and responsibility on his shoulders.

Rush on the front line of reform

Give full play to service society

In 2014, the People's Court of Qianhai Cooperation Zone was established to select the first batch of judges within Shenzhen, which is positioned as a first -instance case in the city's foreign -related Hong Kong, Macao and Taiwan businessmen. I was the president of the Fourth Charity of the Baoan District People's Court, and I took the initiative to sign up again. I think that the construction of Qianhai requires the rule of law first. Based on his many years of experience in foreign -related case trials, as an old party member, he rushed to the front line of reform, giving full play to the specialty to serve the society, and blame.

On the occasion of the Qianhai Court in 2015, I was selected and selected as the first batch of judges of Qianhai Court. At the beginning of the establishment of the court, everyone lived in a simple house and had no dining room. It was very hot in summer. It was used to open the air conditioner. Although the conditions were more difficult at the time, everyone never called. The Qianhai Court is a judicial reform demonstration court clearly requested by the Supreme People's Court, and it is also a new type of court setting a streamlined internal institution. As the first batch of pioneers, in the absence of a trial business, how can the trial team scientifically managed and how efficiently can be used to imitate. I took the lead in completing the relevant system on strengthening the construction of the scientific trial team, giving the judge's right to management, rewards and punishment for judge assistants, clarifying the list of responsibilities of judges and judges, and promoting the operation of the trial organization more smooth and efficient. In order to better solve the problem of the operating mechanism of the trial rights, I led the team to formulate and improve the support system on implementing the judicial responsibility system and forming a unified trial right operation system for power and responsibility.

▲ Ma Zhanju attended the judicial reform seminar.

In order to solve the problem of long and difficult delivery of foreign -related case trial cycles, I took the lead in completing a special survey of the "Reform of the People's and Commercial Services", and on the basis of this, the relevant system of the Qianhai Court on judicial documents was formulated, especially the creation of the creation In the case of sexual exploration, the parties and lawyers were transferred to the legal document system, and they worked hard to solve the problem of "difficulty in delivery" in foreign -related cases, successfully practicing in the case and achieved obvious results.

Three

In the eight years of Qianhai Court, I always believe that the judge of the free trade zone, judicial services cannot stay on the case, we must put my vision longer, be good at summing up experience formation mechanisms, give play to the role of judicial services and guarantees, and better create a better creation Rule of business environment of the free trade zone.

Actively create a business environment that protects innovation -driven development

Since 2012, commercial factoring derived from international trade has begun to pilot in my country, providing important solutions for financing difficulties in SMEs. However, at the time, the laws of this new type of case were not perfect, which brought great difficulty to the trial of the case.

In 2017, I tried the first case of "dark protection" disputes in Qianhai Court. A factoring company in Qianhai had a factoring contract dispute with Company A. During the factoring financing period, Company A paid a premium repurchase of 5.4 million yuan, and then did not fulfill the obligation to repurchase the premium. For how the "dark protection" should be qualitative, I through a lot of investigations and analysis work, and finally judged that Company A should continue to pay the remaining premium repurchase, and gives a supporting judicial attitude towards the innovation of "dark protection" format innovation, maintaining maintenance, maintaining maintenance, maintenance And guide the healthy development of commercial factoring in Qianhai. The case was selected as the top ten typical cases of judicial security in the Guangdong Province.

▲ Ma Zhanju went to the Shenzhen Commercial Factory Association for lectures.

With the booming of commercial factoring business in Qianhai, the number of factoring disputes accepted by Qianhai Court has continued to increase. Due to the lack of uniform standards for referees in factoring disputes in China, I and several judges of Qianhai Court formed a research team to conduct in -depth investigations and research on factoring contract disputes, summarized trial experience, formulated the referee specifications for commercial factoring disputes, and the system combed the system. Common issues and difficulties in practice, clarify the referee ideas of related issues in the practice of the trial of the contract, have strong targeted and operability. We went to the Shenzhen Municipal Factory Association for publicity and publicity, and sent judicial suggestions to the Shenzhen Commercial Factory Association, which promoted the healthy development of the new format of factories in the free trade area. In recent years, Qianhai's commercial factoring industry has ranked first in the country, accounting for about 60%of the country. It can be said that the steady operation of commercial factoring in Qianhai, gathering and development, inseparable from the judicial security of Qianhai Court.

In the field of intellectual property trials, I give full play to the role of judicial functions, and strengthen the protection of intellectual property rights by increasing the punishment of infringement. In the case of recording and recording recorders together, consider the subjective fault, business scale and consequences of a company's infringement, and comprehensively consider the amount of compensation from the legal compensation limit. The strictest intellectual property judicial protection is of great significance for creating a business environment that protects innovation -driven development.

In the new crown epidemic prevention and control, I also actively participated in the formulation of the "Guidelines for the Prevention and Control of Enterprises in the Prevention and Control of the Free Trade Zone", involving 316 legal risk points and comprehensively providing legal suggestions for various industries in the free trade zone.

Unrestrained

The Qianhai Court concentratedly governed the case of foreign -related Hong Kong and Macao and Taiwan business -related cases in Shenzhen. It is the forefront of the reform and opening up and the window for the international community to observe my country's judicial credibility.

Create the rule of law

Regional development core competitiveness

The application of a country's law to judge the case is the manifestation and inevitable requirements of judicial sovereignty. However, in the context of increasingly frequent international economic and trade, considering that in international trade exchanges, we need to respect the freedom of contract, encourage foreign trade and investment, and create an equal and open business environment. Or regional legal trial related cases.

According to the relevant judicial interpretation of relevant civil laws in my country and the relevant judicial interpretation of the Supreme People's Court, when dealing with relevant civil and commercial cases involving foreign countries and Hong Kong, Macao and Taiwan regions, the parties may choose to apply laws in other countries or regions in accordance with the law. In other words, if a case involves factors in foreign countries or Hong Kong, Macao and Taiwan, the parties can choose to deal with the laws applicable to disputes. Due to the large differences in laws and culture in different countries and regions, business or investment activities will be worried about whether they can be protected by equality. They will be more willing to choose their familiar laws to solve possible disputes. This way It helps them predict the results of the dispute resolution and better protect their own interests. During the trial of foreign -related Hong Kong, Macao and Taiwan cases, the parties to protect the parties' right to choose to apply applications in accordance with the law, on the one hand, it reflects the people's court's professional ability and judicial credibility, which is conducive to showing the superiority of our socialist rule of law with Chinese characteristics. On the other hand, it is conducive to creating an open -law environment for openness and equal protection. The foundation and applications of external laws are important indicators to measure the level of rule of law and the business environment of a country or region. We fully protect the parties to choose the right to apply external law, not only to "let him choose ', but also to ensure that he can choose', which is conducive to creating an open and inclusive and fair business environment, and building the rule of law into the core of regional development Competitiveness.

In 2016, I concluded the first case of the Qianhai Court to apply to the legal judgment of the Hong Kong Special Administrative Region. The case has attracted great attention from the public and effectively enhanced the confidence of the rule of law in Qianhai in Hong Kong business. In the case, the defendant in Hong Kong submitted a financial lease application to the plaintiff Hong Kong East Asia. The two parties signed a financial lease agreement. Then the Bank of East Asia fulfilled all the obligations of purchasing the designated leasing equipment under the financial leasing agreement. It has not paid rents since the seventh issue. The two parties had a dispute over the performance of the contract.

According to the agreement of the original and defendant's financing lease agreement, if a dispute occurs, it shall be resolved in accordance with the law of the Hong Kong Special Administrative Region. During the lawsuit, the court commissioned relevant agencies to find out law that the agency entrusted Hong Kong lawyers to issue the "Legal Opinions" on the entrustment of the content of the content. The Qianhai Court reviewed that the content of the law found that the content of the law did not violate the mandatory provisions of my country's laws, nor did it harm the public interest of social public interests. At the same time, in accordance with the specific situation of this case, the "Legal Opinions" issued by Hong Kong lawyers met professionalism and professionalism. Objectiveness and comprehensive requirements should be adopted. In the end, the Qianhai Court terminated the lease agreement signed by both the defendant based on the founding of the Hong Kong legal decision, ordered the defendant to pay the plaintiff's rent of HK $ 2.45 million and overdue interest. The defendant returned three sets of equipment under the lease agreement.

Arrest

There is no trivial matter in the lawsuit. The words and deeds of the former sea courts, and the words in the legal documents are all the embodiment of our work attitude and work ability. It is related to the interests of the parties, and the people's experience and evaluation of the fairness and justice of judicial justice must be taken seriously and cautiously.

Be a "struggle + service" free trade zone judge

I often say that judges do not just handle the case, but also the life of the parties. The original intention of a judge was to work hard to make the people feel fair and just in every judicial case. The effectiveness of judicial work not only depends on how many cases you have concluded, but also depends on whether the parties are satisfied and whether they feel fairness and justice.

In the case involving equity acquisitions in Taiwan, a company in Taiwan had objections to register for its wholly -owned company's equity change in Shenzhen, saying that it was unaware of the registration of changes. Since 2006, the company has been complaining to relevant departments for a long time. In 2016, the company sued to Qianhai Court. I am the organizer of this case. Since the case has occurred for more than ten years, many evidence has disappeared. I launched an investigation through seal identification and inquiry witnesses in court, and finally clarified the facts and safeguarded the legitimate rights and interests of investors in Taiwan.

▲ Ma Zhanju during the trial (in the back row).

From an ordinary judge, to the convener of the foreign trial team, director of the trial management office, and a member of the trial committee, the platform of Qianhai Court made me a serious responsibility. If someone asks my career in the free trade zone, I will say nervous, fulfilling and valuable.

Whenever I encounter a "bottleneck" in the case, whenever I encounter difficulties in judicial reform, I remind myself: I am a Communist Party member, keep in mind my original intention and belief; Innovative and responsible; I must devote themselves to the construction of the first demonstration court to be a "struggle + service" free trade zone judge.

Friends often ask if they are so tired? I think this is what the judge of the free trade zone should be, that is, the spirit of "extended cattle" that the special zone judge should reform. Qianhai is a relatively special place. I have been thinking about the judge of the new court of the free trade zone. In recent years, I tried a lot of new types of new types of significance. I also visited the industry associations of the free trade zone. They gradually realized that the judges of the free trade zone court may be different in the form of justice for the people. There is also the responsibility and courage of the struggle, and we must have the belief of serving the economic and social development of the free trade zone to take a new road of judicial security for the internationalized and convenient business environment of the free trade zone.

Produced: Shenzhen CPPCC Shenzhen Evening News Agency

General planning: Lin Jie

Planning: Qiao Hengli

Supervision: Yin Changlong King Lei Ye Xiaobin

Consultant: Huang Ling

Coordinating: Lin Hang Zhao Qing Chen Li

Execution: Wang Shuo Success Zheng Shuqi

Writing and writing: Shenzhen Evening News reporter Yiyi Xiaohong intern Lai Jiarou

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