Opinions on providing judicial services and guarantees for accelerating the construction of a national unified market

Author:The highest law Time:2022.07.25

The Supreme Law issued the "Supreme People's Court's Opinions on Providing Judicial Services and Guarantee for Speeding Judicial Services and Guarantee for Accelerating the Construction of Unified Unified Markets"

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

1. The background and significance of "Opinions" introduced

Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping as the core has made a series of major decision -making arrangements based on the new development stage, implementing the new development concept, building a new development pattern, and promoting high -quality development. In 2013, the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China proposed that the market played a decisive role in resource allocation and better play the role of the government. In 2020, the Fifth Plenary Session of the 19th CPC Central Committee proposed that it is necessary to accelerate the construction of a new development pattern of mutual promotion of domestic large -scale cycles and domestic and international dual cycles. Accelerating the construction of a large unified market in the country is the basic support and internal requirements for building a new development pattern. In April this year, the Central Committee of the Communist Party of China and the State Council jointly issued the "Opinions on Accelerating the Construction of the National Unified Market". In order to thoroughly implement the major decision -making and deployment of the Party Central Committee and support the guarantee and ensure the construction of a unified unified market in accordance with the law, the Supreme People's Court formulated the "Opinions to Provide Judicial Services and Guarantee to Accelerate the Construction of Judicial Services and Guarantee for the Construction of a Unified Unified Market." "Opinions" has the following significance:

First, this is an important institutional achievement of the people's court to study and implement Xi Jinping's thinking and Xi Jinping's economic thought. Since the 18th National Congress of the Communist Party of China, General Secretary Xi Jinping put forward a series of new ideas, new ideas and new strategies around the relationship between the market and the rule of law, such as the socialist market economy is the credit economy and the rule of law economy; Marketization, rule of law, and international business environment; implementation of the Civil Code is an inevitable requirement for developing a socialist market economy and consolidating the socialist economic system, and so on. The people's court carefully study and implement the spirit of General Secretary Xi Jinping's important instructions, faithfully fulfill the duties assigned by the constitutional law, and launch a series of major in the implementation of the people's codes, improve the environment of the rule of law, protect the legitimate rights and interests of entrepreneurs in accordance with the law, strengthen the protection of property rights and intellectual property rights protection, etc. Measures, achieve good legal effects, political effects, and social effects. The "Opinions" summarizes the relevant work experience of the people's court in recent years, and solidify the results in the form of documents. It is not only the sublimation of ideological understanding, but also the people's courts continue to study and implement Xi Jinping's thinking and Xi Jinping's economic thoughts, and better service guarantee nationwide unity across the country. Re -mobilization of large market construction.

Second, this is an important institutional support for the people's court service to ensure the construction of a unified unified market. Build a national unified market, and the key is the word "unified". The People's Court implements the implementation of the law through the trial implementation work, maintains the basic rules of the market in accordance with the law and the unified market transaction order, and assume an indispensable and important responsibility in the construction of a unified market in the country. In this regard, many work deployment of the Central Government's "Opinions" directly involves the work responsibilities of the people's court, such as strengthening and improving antitrust and anti -unfair competition law enforcement justice, improving the law enforcement judicial system of unified and standardized production rights disputes, and promoting the innovation of intellectual property litigation systems. Essence Not only that, other major reform and development measures proposed by the central government need to actively follow up service guarantees. The "Opinions" formulated by the Supreme People's Court focused on the requirements of the central deployment and launched a series of implementation and service guarantee measures, which is conducive to the national court's unified ideological understanding and clear action direction, and more proactively integrate into the overall national reform and development situation. Market construction contribute judicial power.

Third, this is an important system to promote the high -quality development of the people's court in the new era. The market economy needs to be guaranteed by the rule of law, and it is also an important driver for the development of the rule of law. Serving the construction of a unified market in the country is not only a major political task of the people's court, but also an important opportunity to promote the work of the people's court to achieve high -quality development. The "Opinions" issued by the Supreme People's Court carefully examined the relevant spirit of the central government, comprehensively reviewing the various tasks of the people's courts, and requiring courts to conduct self -examination and cleaning on whether there is a regulation and actual situation of whether there is an obstructive national market. At the same time, in accordance with the inherent laws and the needs of the rule of law in the national unified market, new and higher requirements are put forward on the implementation of the people's court's trial implementation, judicial reform, and team building. This is of great significance to accelerate the construction of a socialist judicial system with a fair and efficient and authoritative Chinese characteristics and further improving judicial quality, efficiency, and credibility.

2. The main content of "Opinions"

There are 30 parts of 7 parts in the "Opinions", which mainly include 3 aspects:

The first is to make overall requirements. The first part of the "Opinions" requires courts at all levels to effectively improve their political standing, complete the new development concepts in a complete, accurate, and comprehensive implementation of the sense of work responsibility and mission. Focusing on the requirements of the Party Central Committee, innovative work mechanisms and active responsibility, and provide high -quality judicial services and guarantees to accelerate the construction of a national unified market.

The second is to clarify work measures. The second to the sixth part of the "Opinions" part of the benchmark for the central document of the table, scientific research and judging the target tasks of the national unified market construction, and the coordinate positioning of the people's court in the construction of a unified market in the country, and closely focused on the word "unity". Good articles, make a "five unified" service guarantee combination: strengthen the unified and equal protection of market entities, including helping to implement unified market access, strengthen equal protection of property rights, protect the legitimate rights and interests of Chinese and foreign parties in accordance with the law, improve the treatment mechanism of market entities and exit mechanisms 2. Timely in accordance with the law in accordance with the law, to fulfill the rights and interests of the market subject in a timely manner; help build a unified elements and resource markets, including supporting and improving the unified land market of urban and rural areas, supporting the development of unified capital markets, supporting the construction of unified technology and data markets, supporting the construction of a national unified energy and the construction of the country. Ecological environment market; maintain unified market trading rules in accordance with the law, including optimizing the business environmental judicial security mechanism, helping to create a fair and honest trading environment, supporting regional market integration construction, promoting the connection mechanism of the rules of Hong Kong, Macao and Taiwan Rule connection; help to promote the high -level unity of the commodity and service market, including strengthening the protection of intellectual property, protecting the rights and interests of workers in accordance with the law, helping to improve the quality of goods, supporting the quality of consumer services; effectively maintaining the unified market competition order, including cracking monopoly and monopoly and monopoly in accordance with the law and law. Improper competition, supervise and support administrative agencies to strengthen unified market supervision and law enforcement, punish illegal criminal behaviors to disrupt market order in accordance with the law, and help overall planning to promote the prevention and control of the epidemic and economic and social development. The third is to improve the working mechanism. The seventh part of the "Opinions" requires the establishment and improvement of judicial services and guarantee working mechanisms that are compatible with the national unified market, and better meet the needs of high -quality development. Mainly include: system integration to promote the work measures of comprehensive supporting reform of the judicial system, deepen the construction of one -stop diversified solution and litigation service system, strengthen the construction of Internet judicial and smart courts, and effectively meet the judicial needs of the efficient and convenient resolution of market entities; Improve the work mechanism of unified laws, and strive to unify, standardize, and ensure the unity of market rules with the rules of referee; strengthen the party's party building and talent team building, further improve the level of service guarantee capabilities; strengthen organizational implementation guarantee, ensure that various service guarantee measures Walked without discounted.

3. The innovative highlight of "Opinions"

The main characteristics of the "Opinions" are summarized to "five coordination":

The first is to coordinate precise efforts in various fields of judicial. The national unified market construction is closely related to the work of the People's Court. The "Opinions" links the central government's functions with the people's court one by one, and propose comprehensive service guarantee measures from all aspects of the case, trial, and implementation. , Standing mobilization of various lines and levels of forces.

The second is to coordinate the comprehensive policy of all parties. The national unified market construction is a systematic project. The "Opinions" focuses on strengthening cooperation with all aspects. Connect the linkage mechanism between the rights and interests of the rights and interests, promote the rules and law enforcement standards of the administrative referee in the field of market supervision, promote the in -depth integration of the construction of the social credit system and the trial implementation of the people's court, improve the judicial mediation and the people's mediation, administrative mediation linkage system, etc., and strive to work hard. Form working together.

The third is to make comprehensive protection of all aspects of the market. The national unified market is an organic unity composed of various links and elements. The "Opinions" adheres to the system's concepts, coordinate the unified protection of market subjects, elements, rules, and order, coordinate production, allocation, circulation, and consumption to strengthen "field management", and strive to provide all -weather and deadly service guarantees for the construction of unified markets in the country.

The fourth is to coordinate the integration of domestic rule of law and foreign -related rule of law. Foreign capital is an important participation force in the national unified market, and the international market is an extension of the domestic market. The "Opinions" adheres to the protection of equality between domestic and foreign capital, requires equality to protect the legitimate rights and interests of Chinese and foreign parties in accordance with the law, and promotes fair competition in domestic and foreign enterprises. At the same time, it is required to vigorously promote the modernization of the foreign -related trial system and trial capacity, promote the construction of a legal system outside the country, and protect the legitimate rights and interests of "going global" enterprises and citizens in accordance with the law.

Fifth, reasonable combination of macro requirements and specific measures. The "Opinions" both have general regulations and conceptual requirements, clarify what people's courts crack down and protect, and tell the market subject what the rule of law advocates and opposed. At the same time, it is based on the trial function. The judicial interpretation of monopoly civil lawsuit, issuing judicial policies to achieve judicial support to achieve carbon peak carbon neutrality, strengthen the attachment review of administrative standards such as market access negative lists, enterprise -related preferential policy lists, etc., study and formulate trials of tax -related crime cases Judicial interpretation, etc., has strong practicality and operability.

In order to facilitate the accurate understanding and grasping the spirit and requirements of the "Opinions" at all levels and the public, this conference distributed a group of typical cases for the construction of a group of people's court services to ensure the construction of a unified unified market in the country. These typical cases involve various aspects such as market entities, elements, rules, and order. The social response is better.

Fa Fa [2022] No. 22

Supreme People's Court

Opinions on providing judicial services and guarantees for accelerating the construction of a national unified market

In order to thoroughly implement the spirit of the 19th National Congress of the Communist Party of China and the 19th Plenary Session, conscientiously implement the "Opinions of the Central Committee of the Communist Party of China and the State Council on Accelerating the Construction of the National Unified Unified Market", give full play to the role of the people's court's functions, and provide high quality for accelerating the construction of a national unified market. Judicial services and guarantees, combine the actual work of the people's court, formulate this opinion.

1. Overall requirements

1. Effectively enhance the sense of responsibility and mission of providing judicial services and guarantees to accelerate the construction of a national unified market. Accelerating the construction of high -efficiency and standardized, fair competition, and fully open national unified market is a major strategic deployment made by the Party Central Committee with Comrade Xi Jinping as the core. It is the basic support and internal requirements for building a new development pattern. People's courts at all levels should consolidate their thoughts and actions to the major strategic deployment of the Party Central Committee, deeply grasp the decisive significance of the "two establishment", strengthen the "four consciousness", strengthen the "four self -confidence", and achieve "two maintenance ", Continuously improve political judgment, political understanding, political execution, adhere to the overall situation, justice for the people, fair judicial justice, faithfully fulfill the responsibilities given by the constitutional law, give full play to the standards of rule of law, leading and guaranteeing the rule of law, and to accelerate the construction of the country Unified large markets provide high -quality judicial services and guarantees.

2. Accurately grasp the entry point and focus of providing judicial services and guarantee in order to accelerate the construction of a national unified market. People's courts at all levels should closely focus on the major decision -making and deployment of the Party Central Committee, adhere to the "two unshakables", adhere to the problem -oriented, complete, accurate, and comprehensively implement the new development concepts, strengthen system concepts, focus on coordination and cooperation, actively act, and coordinate the establishment Examine the accurate efforts of various fields and links, coordinate the unified protection of market entities, elements, rules, and order, and the benchmarking table continues to promote the efficient and smooth and scale expansion of the domestic market, accelerate the creation of stable, fair, transparent business environment, further further business environment, further further, further, and further build a business environment. Reduce market transaction costs, promote scientific and technological innovation and industrial upgrading, cultivate the five major goals of participating in the new advantages of participating in international competition and cooperation, and improve the effectiveness of judicial policies, innovate work mechanisms, improve judicial efficiency, and continuously improve the effectiveness of judicial service guarantee. To better play the decisive role of the market in the allocation of resources, provide strong judicial support for building a high -standard market system and building a high -level socialist market economy system.

2. Strengthen the unified and equal protection of market entities

3. Help to implement a unified market access. Trial construction engineering, real estate, mineral resources, and water, electricity, gas, thermal power allocation and market access contract disputes in accordance with the law, accurately grasp the impact of market access such as natural monopoly industries and service industries on the effectiveness of the contract, and strictly implement the " Non -ban is "entry" policy. Integrate administrative cases involving market access in accordance with the law, support hierarchical classification to promote the reform of the administrative approval system, and curb improper intervention in economic activities, especially the abuse of administrative power elimination and restricting competition. Strengthen the attachment of administrative standardized documents such as the negative list of market access and the list of preferential policies involved in the enterprise, and promote the timely clearance of administrative agencies in time to clean up and abolish local protection, market segmentation, designated transactions, etc. Local protection and regional barriers.

4. Strengthen the protection of equality of property rights. Adhere to the equality of litigation status of various market entities, equality of legal applications, and equality of legal responsibility, and protect the legitimate rights and interests of various market entities in accordance with the law. Strictly distinguish economic disputes, administrative violations and criminal crimes, resolutely prevent economic disputes from dealing with crimes, and resolutely prevent civil liability from becoming criminal responsibility. Punish violations of property rights in accordance with the law, improve the recovery and disposal mechanism of the property involved in the case, and maximize the pursuit of stolen goods. Fully implement the concept of the implementation of goodwill and civilization, further standardize the compulsory measures related to property rights, strictly prohibit the excessive and illegal seizure of property, flexibly adopt measures to seizure and change price, and effectively release the value and financing functions of the sealing property. Improve the mechanisms of appealing and review of property rights in enterprise, and improve the effective prevention and correction mechanism of case -related injustice. Support standardized measures for property rights in the field of administrative law enforcement, and maintain autonomy of market entities in accordance with the law.

5. Protect the legitimate rights and interests of Chinese and foreign parties in accordance with the law. Study and formulate judicial interpretations such as legal identification with international treaties and international practice, and accurately apply external laws and international treaties, and international practices. Optimize the jurisdiction of litigation of foreign -related civil and commercial disputes, and study and formulate the judicial interpretation of the jurisdiction of foreign -related civil and commercial cases in the first trial. Strengthen judicial assistance work, improve the external delivery mechanism, and promote the establishment of a unified platform for the establishment of domains. Promote the substantial operation of the International Commercial Court, improve the working mechanism of the International Commercial Expert Committee, improve the information platform for one -stop international commercial disputes, achieve organic connection between mediation, arbitration and litigation, and strive to build international commercial disputes to resolve new highlands. Accurately apply foreign investment laws and regulations, comprehensively implement the national treatment plus negative list system before the foreign investment access, maintain the effectiveness of foreign investment contracts in accordance with the law, and promote fair competition in domestic and foreign enterprises. Promote the construction of a legal system outside the country, and protect the legitimate rights and interests of "going global" enterprises and citizens in accordance with the law.

6. Improve the treatment and exit mechanism of market players. Adhere to the marketization, rule of law, professionalization, and informatization of bankruptcy trials, and firmly trial bankruptcy cases in accordance with the law to promote the survival of the fittest. Adhering to accurate identification and classification policies, for enterprises that have fallen into financial dilemma but still have development prospects and saving value, actively apply the procedures for bankruptcy and reorganization, bankruptcy reconciliation process, promote the optimization of production factors and the transformation and upgrading of the enterprise, let the enterprise rejuvenate the vitality, allow Market resource allocation is more efficient. Actively promote the construction of bankruptcy legal system and supporting mechanism, improve the orderly connection mechanism of the implementation and bankruptcy work, promote corporate bankruptcy law modification and personal bankruptcy legislation, promote the establishment of bankruptcy manager associations, set up bankruptcy expenses, and promote the establishment of normalization of the "government courtyard Link "coordination mechanism. 7. Timely in accordance with the law in accordance with the law in time, the rights and interests of the market subject. Further improve and improve the difficult work of the implementation of comprehensive governance, strengthen the implementation of difficult comprehensive governance and evaluation of source governance, promote the implementation of the implementation work into the grass -roots grid management, improve the mechanism of coordination and coordination of the review and implementation, and ensure that the goal of "solving the difficulty of implementation" is achieved as scheduled as scheduled. Essence Further strengthen the implementation of informatization, expand and upgrade system functions, strengthen the management of node, and improve the level of automation and intelligence of the execution process supervision. Explore the establishment of a lawyer's investigation system and other systems, and promote the implementation of the system of commissioning audit investigations, notarization and evidence collection, reward reporting and other systems. Explore the establishment of a mechanism for the implementation of the responsibility for the implementation of assistance to the implementation of the assistance to the implementation of the assistance and the implementation of the system of preventing and preventing the implementation of the implementation. Cooperate with judicial interpretations such as compulsory enforcement of law legislation, formulate or revise the implementation of claims, and improve the implementation of the laws and regulations.

3. Help to create a unified element and resource market

8. Support and improve the unified land market in urban and rural areas. The proper trial of the "three rights" disputes involving the countryside of the countryside, and promoted the flow of land operation rights. In accordance with the law, the rural collective operating construction land has been tried to enter the market, and supports the unified urban and rural construction land market with the same price, smooth flow, and sharing of income. With the goal of revitalizing the use of land, the proper trial involving cases involving state -owned enterprises and institutions reform and restructuring land assets, the determination of land asset property rights, and listing and transactions. Disputes of disputes such as the transfer of construction land use rights, leasing, and mortgage in accordance with the law to ensure the efficient use of construction land specifications. Adapt to the adjustment of land supply policies, unified state -owned land use right transfer, transfer contract dispute cases.

9. Support the development of unified capital markets. Severely punish crimes of manipulating markets, insider trading, illegal fundraising, loan fraud, money laundering and other financial fields in accordance with the law to promote the healthy development of the financial market. Properly review cases such as financial loan contracts, securities, futures transactions and bill disputes, and standardize the investment and financing order of the capital market. In accordance with the law, disputes involving supply chain finance, Internet finance, non -performing asset disposal, and private equity investment funds will be dealt with to prevent and resolve financial risks. Improve new types of disputes such as private equity investment, entrusted financial management, asset securitization, cross -border financial asset transactions, etc., strengthen the study of legal issues such as digital currency and mobile payment, and serve the innovation and development of the financial industry.

10. Support the construction of unified technology and data markets. Strengthen the protection of scientific and technological achievements ownership, use rights, disposal rights, and income rights, properly handle disputes arising from the identification of the ownership of scientific and technological achievements, rights transfer, rights pledge, value identification and interest distribution, and support the market -oriented application of scientific and technological innovation results in accordance with the law. Protecting data control, processing, income and other legitimate rights and interests in accordance with the law, as well as the property rights and interests of data products based on data products based on legally collected and generated data products, and properly trial Various cases arising from the data factor market for the cultivation of data -driven, cross -border integration, co -creation, sharing, and fair competition are provided. Strengthen the study of legal issues such as data property property attributes, forms, ownership, and public data sharing mechanisms, and accelerate the improvement of the judicial protection rules of data property rights.

11. Support the construction of a national unified energy and ecological environment market. In accordance with the law, disputes in oil -related futures products, natural gas, power, coal transactions and other disputes, severely punish illegal criminal activities such as illegal mining and development, and illegal transactions such as oil and gas, natural gas, power, coal, and illegal transactions, and promote the legal and orderly development and utilization of resources. Study and release judicial policies for judicial assistance to achieve carbon peak carbon neutrality and targets, properly review disputes on carbon -related quotas, certification voluntary emission reduction transactions, carbon trading product guarantees, corporate environmental information disclosure, carbon green credit, green finance and other disputes Cases help improve the transaction mechanism of carbon emissions. Comprehensively and accurately apply the green principles and green clauses of the Civil Code, sort out the new business formats, new ownership, and new problems in the field of carbon emissions, and improve the rules for refereeing the referee of carbon emission rights, water use rights, pollution discharge rights, and power transaction disputes. Study the application of alternative compensation methods such as carbon exchange and purchase and technical reform deduction, and guide enterprises to upgrade production equipment and production technology.

Fourth, maintain unified market trading rules in accordance with the law

12. Optimize the business environmental judicial security mechanism. The rule of law is the best business environment. Accelerate the construction of a large unified market market, explore the establishment of a judicial service guarantee system that meets my country's national conditions and international standards, and increase the proportion of service guarantee business environment in the evaluation work. The judicial interpretation and judicial policy of service guarantee the construction of the business environment. Cooperate with relevant functional departments, carry out pilot work of innovation in business environment, formulate and introduce the implementation of the implementation of the business environment of the rule of law, and establish a regular business mechanism for the business environment. Relying on the big data of judicial data, the establishment of an analysis and judgment mechanism of the business environment of the legalized governance. Strengthen the publicity of judicial security work in business environment and boost the investment confidence of operators. Explore the establishment of the people's court to optimize the business environment expert consulting committee. 13. Help create a fair and honest trading environment. Effectively implement the Civil Code, introduce the judicial interpretation of the Civil Code contract, implement the principle of freedom of contract and honesty, protect legitimate transactions, unblock the circulation of commodity services, and reduce market transaction costs. Improve the deep integration of the core values ​​of socialism into the support mechanism of the trial implementation work, give play to judicial judicial referees to distinguish between right and wrong, punish evil, balance the benefits, and set the functions of scores, and guide market entities to enhance the awareness of the rule of law, public awareness, and rule. Establish a mechanism for prevention, identification, and punishment for false lawsuits, and severely punish illegal criminal crimes in accordance with the law. Strengthen the credit punishment of the person who is executed by the dishonesty, improve the disciplinary punishment system, refine the credit punishment class mechanism, revise and improve the management regulations of the list of people who have been performed, and explore the establishment of a credit repair system for trust incentives and dishonesty. Explore the in -depth integration path of the construction of the social credit system and the trial implementation of the people's court, and promote the establishment and improvement of judicial big data related to market entities.

14. Support regional market integration. We will improve the major regional strategy and regional coordinated development of judicial services and guarantee mechanisms, support the Beijing -Tianjin -Hebei, Yangtze River Delta, Guangdong -Hong Kong -Macao Greater Bay Area, and the Shuangcheng Economic Circle of the Chengdu -Chongqing area, and the city group of the Yangtze River. Under the premise, prioritize regional market integration. Give full play to the role of the Supreme People's Court to tour the court, improve the working mechanisms such as resource sharing, joint meetings, and judge exchanges of the court of tourist district, and actively explore new paths for regional judicial cooperation. Improve cross -domain judicial linkage collaboration mechanisms, and actively promote the typical experience and practices of judicial services to ensure regional market integration.

15. Promote the connection mechanism of the mainland and the rules of Hong Kong, Macao, mainland and Taiwan. Strengthen the trial of Hong Kong, Macao and Taiwan, and explore the establishment of a concentrated jurisdiction mechanism for cases involving Hong Kong, Macao and Taiwan. Strengthen judicial assistance to mutual assistance, implement the mainland and Macau arbitration procedures to assist each other, and implement the mechanism of mutual recognition of Mainland and Hong Kong and assistance to bankruptcy procedures. Explore simplifying the confirmation of judicial confirmation and litigation evidence review and identification procedures for the main qualifications of Hong Kong and Macau litigation, expand cross -border delivery channels for litigation documents involving Hong Kong and Macao cases, and broaden the mutual entrustment of legal channels in the Mainland and Hong Kong and Macao. Promote the establishment of a unified certification mechanism for the Shenzhen -Hong Kong -Macao mediation organization and mediation personnel, improve the system of invited mediationers and jurors in Hong Kong and Macao people, and ensure that the qualified Hong Kong and Macao lawyers in accordance with the law can practice in the Guangdong -Hong Kong -Macao Greater Bay Area. Improve the judicial exchanges with Hong Kong, Macao and Taiwan, promote the establishment of a normalized mechanism for a professional discussion mechanism for trials of the Judge of Guangdong, Hong Kong and Macao, and support the implementation of practical exchanges between the Cross -Strait courts.

16. Strengthen the connection between domestic law and international rules. Adhere to the overall planning to promote the rule of law and foreign -related rule of law, vigorously promote the modernization of foreign -related trial systems and trial capabilities, strengthen the guidance of major foreign -related civil and commercial cases, explore multi -language release of foreign -related civil and commercial guidance cases, and expand the international influence and credibility of Chinese judicial referee. Implement the overall strategy of maritime trials, accelerate the construction of the International Maritime Judiciary Center, explore new types of case trial rules such as the opening of shipping business, international ship registration, coastal band, and ship financing leasing, and build a dispute over international maritime disputes to solve the preferred place. Strengthen cooperation with relevant international organizations, national and regional judicial fields, and increase the crackdown on cross -border crimes such as smuggling, money laundering, online fraud, and cross -border corruption. Actively participate in the formulation of international rules in the fields of international trade, intellectual property rights, environmental protection, network space and other fields, and enhance my country's right to speak in international economic governance.

Fifth, help promote the unified level of the commodity and service market

17. Strengthen the protection of intellectual property rights. Increase the judicial protection of intellectual property rights, serve the development of scientific and technological innovation and emerging industries, and use innovation -driven, high -quality supply leadership, and creating new needs. Continue to increase the protection of key areas of key areas, key core technologies and innovative small and medium -sized enterprises in key areas, emerging industries. Strictly implement the system of punitive compensation and behavioral preservation of intellectual property infringement, and effectively curb intellectual property infringement. Promote the improvement of lawsuits that meet the laws of trials in intellectual property rights, improve the cross -regional jurisdiction system of the Intellectual Property Court, unblock intellectual property litigation and arbitration, mediation docking mechanism, and improve the administrative law enforcement mechanism of intellectual property rights.

18. Protect the rights and interests of workers in accordance with the law. Properly review cases such as equal employment rights, promote the elimination of employment discrimination such as household registration, region, identity, and gender, and promote the smooth flow of labor and talent across regions. Strengthen the protection of cross -border employment, accurately identify the effectiveness of labor contracts signed by Hong Kong, Macao and Taiwan residents and mainland employers who have not handled employment documents. We will introduce judicial policies to serve the construction of new types of urbanization, and protect the legitimate rights and interests of migrant workers in accordance with the law. The judicial interpretation of civil disputes involving new formats, and strengthening the guarantee of labor rights and interests of new formats. Actively carry out special actions for cure in arrears, severely punish them in accordance with the law, and refuse to pay for labor remuneration illegal crimes, and increase the trial of arrears cases. Promote the improvement of labor dispute solutions. 19. Help improve product quality. Resolutely punish illegal criminal acts such as fake and shoddy goods, harmful food and drug safety. In accordance with the law, the preparation of fake sale, deck infringement, and harmful seed resources are punished by the law, and the safety crimes of the seed industry are harmful, and the national seed industry resources are promoted. In accordance with the law, the contract and infringement disputes caused by the quality of the goods, accurately apply the punitive compensation system, and pay attention to the use of civil methods to promote the improvement of the quality of the goods. In accordance with the law, the administrative disputes over the quality of the product are tried, and the administrative organs will be supported to deepen the reform of the quality certification system and strengthen the management of the full supply chain, the entire industry chain, and the full life cycle of the product. Study and formulate judicial interpretations of criminal cases that endanger production safety, and promote the continuous improvement of the situation of production safety.

20. Support to improve the quality of consumption services. Improve the support system for expanding the judicial policy of domestic demand, and actively create a rule of law environment that is conducive to comprehensively promoting consumption. Severe punishment for pre -consumer fraud crimes, properly handle housing, education and training, medical and health, pension and education, such as the protection disputes in consumer rights and interests in key people's livelihood fields, and improve the sense of security and satisfaction of the masses. Improve the review rules of consumer cases such as online consumption, service consumption, and the development of new formats and new formats for service guarantee for consumption upgrades and consumption upgrades. Optimize the audit mechanism of consumer disputes, explore the establishment of a collective lawsuit system for consumer rights protection, improve the consumer public interest litigation system, promote the establishment of a linkage mechanism between consumer rights protection work departments, and promote the governance of consumer disputes.

6. Effectively maintain the unified market competition order

21. Back monopoly and unfair competition in accordance with the law. Strengthen judicial antitrust and anti -unfair competition, stop monopoly behaviors such as monopoly agreements, abuse of market dominance, etc., and severely crack down on unfair competition such as infringing commercial secrets, trademark malicious removal, and counterfeiting. Improper competition cases such as guarantee areas such as guarantee. Strengthen the judicial regulation of the monopoly of platform enterprises, timely stop the use of data, algorithms, technical means and other methods to eliminate and restrict competition, and severely punish the "two choices", big data killing, low -cost dumping, forced sales, etc. Competition and disruption of market order to prevent platform monopoly and capital disorderly expansion. Strictly crack down on self -media operators to use the influence of public opinion to extract and extort enterprises, and maliciously slander the business reputation of merchants and the reputation of product reputation. Improve the rules of the referee of competition cases, and introduce the judicial interpretation of antitrust civil litigation in a timely manner.

22. Supervise and support administrative organs to strengthen unified market supervision and enforcement. Modify and improve the judicial interpretation of government information disclosure cases, review the government information disclosure cases in the market supervision field in accordance with the law, and promote the publicity of administrative organs in accordance with legal authority and procedures. Properly trials in accordance with the law, administrative disputes such as the free decoration of market supervision, authorized commissioned supervision law enforcement, and joint law enforcement regions of cross -administrative regions, and supervised and supported administrative agencies to improve the effectiveness of comprehensive law enforcement, fair and fair law enforcement. Strengthen cooperation with procuratorates, and jointly promote the market supervision department to improve the supervision system with clear power and responsibilities, clear division of labor, and smooth operation through the trial of administrative public interest lawsuits and sending judicial advice. Strengthen communication and collaboration with market supervision and law enforcement departments, and promote the rules and law enforcement standards of administrative referees in the field of market supervision.

23. Punishment of illegal criminal criminal behavior in accordance with the law. Study and formulate judicial interpretations of tax -related crime cases, punish illegal crimes such as tax evasion, tax resistance, tax fraud, and virtual VAT invoices, and increase punishment for the use of "yin and yang contracts" tax evasion and entertainment in the field of high net worth for entertainment. Establishment. Strengthen law enforcement judicial coordination with taxes, public security and other departments, and promote the improvement of the tax supervision system. Accurately grasp illegal criminal acts such as contract fraud and forced transactions, and identify relevant contract validity in accordance with the law to maintain the autonomy of market subjects. Severe punishment of escaping debts, false bankruptcy, and fraudulent property through false lawsuits in accordance with the law. Study and formulate judicial interpretations of criminal cases of illegal business operations, and strictly standardize the conviction standards for illegal operation of criminal cases. Study and formulate a legal interpretation of legal issues to handle criminal cases of malfeasance, and make provisions on the problem of malfeasant crime treatment of state staff's obstacles to the development of the market economy.

24. Help overall planning to promote the prevention and control of the epidemic and economic and social development. Strictly punish the use of epidemic fraud, raising prices, hoarding, rumoring, and making crimes such as manufacturing and selling fake drugs, medical devices, and medical and health materials to maintain the order of production and life during the prevention and control of the epidemic. Properly handle disputes such as contract defaults and corporate debt caused by the epidemic, accurately apply the rules of force majeure, and reasonably balance the interests of the parties. Precise services do a good job of "six stability" and "six guarantees", properly handle civil and commercial disputes such as labor -oriented workers, purchase and sales contracts, and shop leasing caused by the epidemic. Small and medium -sized enterprises and individual industrial and commercial households have difficulty. 7. Improve judicial services and guarantee working mechanisms

25. Promote the reform of the litigation system. In strict accordance with the requirements of reform and deployment, the system integrates various work measures to promote the comprehensive supporting reform of the judicial system, and effectively meet the judicial needs of the efficient and convenient resolution of market entities to resolve disputes. Strengthen the concept of protection of the right to appeal, and resolutely implement the registration system for registration. Stable promote the reform of the 4 -level court audit function positioning, optimize the standards of civil and commercial, administrative case level jurisdiction, improve the application procedure and file standards for retrial, improve the case of the transfer of the jurisdiction of the jurisdiction The cases of interests are tried by higher -level courts. We will conscientiously implement the newly revised civil proceedings law, use the results of complicated and simplifying the results of reform, and introduce judicial interpretations of civil tailoring applicable legal issues, and further promote the simplification of cases, separation, and fast and slow down.

26. Improve the working mechanism of unified laws. Strengthen judicial interpretation and management, improve the case guidance system, establish a unified application platform for the national courts, build a category referee rules database, implement the mandatory search system for category and new types of cases, improve the work mechanism of the collegial packets and professional judges, and give full play to the responsibilities of the trial committee's responsibilities , Build a multi -level, three -dimensional law applicable divergence solution mechanism. We will improve the judicial disclosure system and increase the integration of the four major platforms of judicial disclosure. Promote the construction of the judicial system, comprehensively implement the list of responsibilities of trial power and the guidance system of performance, improve the "four types of cases" identification and supervision mechanism, and build a scientific and reasonable system of judicial responsibility for judicial responsibility.

27. Deepen the construction of one -stop diversified income and litigation service system. Adhering to and developing the "Maple Bridge Experience" in the new era, the non -litigation dispute resolution mechanism is presented, and the system governance, comprehensive governance, and source governance of contradictions and disputes are promoted to effectively reduce the cost of resolving market subject disputes. Highlight the five keys of one -stop, intensive, integrated, online, and integration, and build a modern litigation service system that integrates efficient, diverse solution, diverse solution, the people and the people, the wisdom and accurate, open interaction, and blending sharing. Give play to the integration of the people's court mediation platform, improve the system of judicial mediation, the system of regulatory mediation, administrative mediation linkage system, and strengthen the substantial connection between lawsuits and non -litigation. Strengthen online video mediation, and establish and improve professional mediation mechanisms such as labor disputes, financial insurance, securities futures, and intellectual property rights.

28. Strengthen the construction of Internet judicial and smart courts. Promote the deep integration of the Internet, big data, artificial intelligence, blockchain and trial execution work, and use the brain of the judicial data in China and the Smart Court as a traction to promote intelligent collaborative applications, expand data knowledge services, build integrated cloud network facilities, improve quality and efficiency Operation and maintenance level. Promote the implementation of the "People's Court Online Litigation Rules", "Online Mediation Rules of the People's Court", and "Online Operation Rules for the People's Court", further improve and improve online judicial procedures, optimize platform construction, and promote the maturity of the Internet judicial model. Deepen the construction of the Internet courts, promote the improvement of the establishment of the Internet courts and the jurisdiction of the case, and give full play to the role of the Internet courts in establishing rules, improving systems, and network governance.

29. Improve the level of service guarantee capabilities. We firmly adhere to the absolute leadership of the party's judicial work, adhere to the party building and lead the team to promote trials, and promote the in -depth integration of party building and trial business. Increase intellectual property rights, environmental resources, foreign -related rule of law, bankruptcy, finance, antitrust and other fields of high -level trial talents, and cultivate a group of trial business experts who have tied market -oriented thinking and proficient in related fields. Through education and training, case guidance, and exchanges, the guidance of trial business guidance in related fields is strengthened, and the Supreme People's Court has released guiding cases and typical cases in related fields in a timely manner. Fully make good use of the various research platforms and resources of the people's court, strengthen investigations and research on major issues, and launch high -quality research results.

30. Strengthen organizational implementation protection. People's courts at all levels should take service guarantees to accelerate the construction of a national unified market as a major political task, listed in the important agenda of the party group, and timely study and solve the new situation and new problems in the promotion of work. The actual situation is carried out by self -examination. Relevant departments of the Supreme People's Court shall strengthen the guidance of the line. The courts in various places must refine and improve the service guarantee measures in accordance with the actual development of the region in the region, and launch a new trick to ensure that various service guarantee measures are effective. It is necessary to conscientiously summarize the good practices and good practices of judicial services to ensure the construction of a national unified market, and do a good job of publicity, summary, and promotion throughout the media, multi -angle, and three -dimensionalization, and create a good atmosphere of public opinion to accelerate the construction of a national unified market.

Supreme People's Court

July 14, 2022

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