SPC: Innovate financial adjudication mechanisms to support and guarantee the construction of the core area of international financial centers

On January 18, the Supreme People's Court issued the Opinions on the People's Court's Support and Guarantee for the Pudong New Area's High-level Reform and Opening Up to Build a Leading District for Socialist Modernization Construction, requiring the improvement of a professional trial mechanism compatible with the Science and Technology Innovation Board and the registration system, fairly and efficiently resolving contradictions and disputes related to the Science and Technology Innovation Board, and helping Pudong build an important investment and financing platform at home and abroad. Carry out research on relevant legal issues in the pilot process of fiat digital currency, and support the construction of a trade finance blockchain standard system.

The Supreme People's Court concerns the people's courts to support and guarantee the high-level reform and opening up of Pudong New Area

Opinions on building a leading area for socialist modernization

These Opinions are formulated in order to thoroughly implement the spirit of the 19th National Congress of the Communist Party of China and the 19th Plenary Sessions, fully implement the "Opinions on Supporting the High-level Reform and Opening Up of the Pudong New Area to Build a Leading Area for Socialist Modernization Construction" issued by the CPC Central Committee and the State Council, give full play to the role of adjudication, and provide strong judicial services and guarantees for the high-level reform and opening up of the Pudong New Area and the construction of a leading area for socialist modernization construction, combined with the actual work of the people's courts.

First, improve the political position, and earnestly enhance the sense of responsibility and mission of supporting and guaranteeing Pudong New Area to build a leading area for socialist modernization

1. Deeply understand the great significance of Pudong New Area in building a leading area for socialist modernization. Supporting the high-level reform and opening up of Pudong New Area and building a leading area for socialist modernization construction is a major strategic deployment made by the Cpc Central Committee and the State Council with the construction of a new development pattern with the domestic cycle as the main body and the domestic and international dual cycles promoting each other, and is an important measure to better show the Chinese concept, Chinese spirit and Chinese road to the world. The people's courts should accurately grasp the domestic and international situation, earnestly enhance their sense of responsibility and mission, give full play to the role of adjudication functions, promote the modernization of the adjudication system and trial capacity, improve judicial efficiency, support and guarantee the construction of Shanghai's "five centers", better serve the overall situation of the country and promote the implementation of the Yangtze River Delta integration development strategy, support the high-level reform and opening up of Pudong New Area, and build a leading area for socialist modernization.

2. Always adhere to the basic principles of supporting and guaranteeing Pudong New Area to build a leading area for socialist modernization.

-- Upholding the party's leadership. Under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, adhere to the Party's absolute leadership over the work of the people's courts, deeply study and implement Xi Jinping Thought on the Rule of Law, give full play to institutional advantages, and run the requirements of justice for the people and fair justice throughout the entire process of the people's courts' work.

-- Adhere to the rule of law. Adhere to the path of socialist rule of law with Chinese characteristics, establish and improve a judicial guarantee system that is compatible with supporting Pudong's bold trials, bold breakthroughs, and independent reforms.

-- Persisting in reform and innovation. Improve trial mechanisms and judicial service safeguard measures, and provide strong judicial support for Supporting Pudong to build an international science and technology innovation center core area, an international financial center core area, an international trade center core area, an international shipping center core area, and an international consumption center.

-- Adhere to demand-oriented. Accurately grasp the judicial needs of Pudong New Area to build a leading area for socialist modernization construction, and provide strong judicial services and guarantees for Pudong to become an important bearing area of the city with strong attraction, creativity, competitiveness and influence in the world.

2. Strengthen the judicial protection of intellectual property rights, and support and guarantee the construction of the core area of the international science and technology innovation center

3. Complete evidence preservation and review mechanisms. Focus on Pudong's innovative research and development in the fields of integrated circuits, life sciences, artificial intelligence, civil aviation and other technologies, effectively strengthen the guidelines for intellectual property litigation involving related industries, give full play to the role of evidence preservation mechanisms, and guide parties to effectively present evidence. Accurately grasp the rules of evidence and standards of proof, effectively reduce the burden of proof on rights holders, and increase the intensity of judicial punishment for obstruction of evidence. Explore the establishment of a data docking mechanism with notary public. Complete the system of technical investigators, and enhance the accuracy of the determination of technical facts. Strengthen the construction of the people's courts' intellectual property judicial protection scientific and technological innovation research (Shanghai) base, study and solve the frontier issues of intellectual property protection in technological innovation, help Pudong accelerate the research and development of key technologies, rely on the advantages of the Yangtze River Delta industrial cluster, and strengthen the leading function of high-end industries.

4. Improve the compensation mechanism for infringement damages. Focus on Pudong to deepen the reform of the scientific and technological innovation system, optimize the ecological environment for innovation and entrepreneurship, accurately use the calculation method of intellectual property infringement compensation, strive to make the infringement damage compensation compatible with the market value of intellectual property rights, reasonably determine and refine the calculation method of damage compensation and punitive damages, implement the punitive compensation system for intellectual property infringement in accordance with the law, reduce the cost of rights protection, increase the cost of infringement, establish a higher level of intellectual property protection system, and help Pudong strengthen the innovation engine and improve the level of the industrial chain.

5. Complete intellectual property adjudication mechanisms. Focus on Pudong to build a world-class innovation industry cluster, develop a higher-energy headquarters economy, actively support the use of intellectual property rights as a price to invest in shares, and properly try relevant equity dispute cases in accordance with the law. Deepen the "three-in-one" trial mechanism of intellectual property rights in Shanghai courts, improve the rules for the identification of evidence and sentencing in intellectual property criminal cases, and increase the intensity of cracking down on intellectual property criminal cases. Relying on the Shanghai Intellectual Property Court and the Pudong New Area People's Court, we will build a science and technology court and explore new models of online resolution. Deeply participate in global intellectual property governance under the framework of the World Intellectual Property Organization, and establish a docking mechanism for litigation and mediation of foreign-related intellectual property cases with the Shanghai Center for Arbitration and Mediation of the World Intellectual Property Organization, helping Pudong to become an important hub of the global industrial chain supply chain value chain and promoting the construction of a new highland for independent innovation.

Third, innovate financial adjudication mechanisms to support and guarantee the construction of the core area of international financial centers

6. Complete foreign-related financial adjudication mechanisms. Focus on the development of RMB offshore transactions, cross-border trade settlement and overseas financing services in Pudong, improve the jurisdiction mechanism for foreign-related financial cases, and implement centralized jurisdiction over financial disputes such as securities and futures that occur outside the mainland to disrupt the order of the domestic market and harm the legitimate rights and interests of domestic individuals or institutions. It has jurisdiction over financial civil and commercial cases arising from new businesses such as carbon trading market-related financial derivatives transactions, offshore RMB transactions, and international financial asset transactions approved by financial regulatory authorities in accordance with the law. Respect the rights of the parties to choose dispute resolution methods and apply the law, reasonably determine the basis of jurisdiction, exercise jurisdiction over foreign-related financial disputes in accordance with the law, and help Pudong further increase financial opening up, better serve and lead the development of the real economy.

7. Improve the linkage mechanism of international financial rules. Focus on the construction of an international financial assets trading platform in Pudong, correctly apply international treaties in cross-border financial dispute cases, and reasonably adopt international market trading rules, clearing rules, self-discipline rules and practices. Publish typical cases, establish a systematic case database, and give play to the exemplary and leading role of typical financial trial cases in financial market rules. Improve and improve the professional trial mechanism that is compatible with the science and technology innovation board and the registration system, fairly and efficiently resolve contradictions and disputes related to the science and technology innovation board, and help Pudong build an important investment and financing platform at home and abroad.

8. Build a financial trial innovation pilot zone. Focus on improving financial infrastructure and systems in Pudong, strengthen the construction of the International Exchange (Shanghai) Base for Financial Adjudication of Chinese courts, and actively use support litigation mechanisms, model judgment mechanisms, and representative litigation mechanisms to properly resolve foreign-related financial dispute cases. Innovate the professional financial adjudication mechanism of the Shanghai Financial Court, actively and steadily explore the case testing mechanism of the financial market, and ensure the implementation of various financial innovation measures in accordance with the law. Establish and improve cooperation mechanisms with various types of dispute resolution institutions, explore the hiring of international financial legal experts, provide professional advice, and participate in the resolution of international financial disputes. Carry out research on relevant legal issues in the pilot process of fiat digital currency, and support the construction of a trade finance blockchain standard system.

9. Improve financial risk prevention and control mechanisms. Focus on the needs of Pudong to improve the modern financial regulatory system, establish and improve the risk monitoring and assessment framework, try all kinds of criminal cases that disrupt or undermine the order of the financial market in accordance with the law, as well as financial civil and commercial dispute cases involving information disclosure and false statements caused by financial innovation pilots, study and form adjudication guideline rules, and take into account encouraging innovation, risk prevention and protection of the rights and interests of financial consumers and small and medium-sized investors. Further strengthen interaction and coordination with financial regulators and industry associations, and further promote the construction of a diversified dispute resolution mechanism in the financial industry. Promote the establishment and improvement of a cross-border capital flow monitoring and early warning, macro-prudential assessment and coordination linkage system, create a good credit environment and business environment, help Pudong enhance the competitiveness of financial innovation in the region, and promote the healthy and benign development of Shanghai's economy and finance.

Fourth, improve the efficiency of foreign-related justice, and support and guarantee the construction of the core area of the International Trade Center

10. Improve foreign-related commercial adjudication mechanisms. Improve the jurisdiction mechanism for foreign-related commercial cases, and exercise jurisdiction over cross-border investment and trade, offshore transactions, etc. in accordance with law. Support Pudong New Area in strengthening the construction of international commercial trial organizations and innovating the operational mechanism for international commercial trials. Fully implement the provisions of the Foreign Investment Law and its supporting regulations and relevant judicial interpretations, and implement the pre-establishment national treatment plus negative list management system for foreign investment. Explore mechanisms for the rapid trial of simplified foreign-related commercial cases. In accordance with relevant laws, we will continue to improve mechanisms such as extraterritorial service, remote authentication of evidence, investigation and collection of evidence, and online trials, explore cross-border online trial procedures, improve the efficiency of handling foreign-related commercial cases, actively promote the establishment of systems and rules that are linked to international rules, better play the role of the "test field" of the China (Shanghai) Pilot Free Trade Zone and the Lingang New Area, help Pudong create a legal environment conducive to foreign investment and protection, and enhance the confidence of Chinese and foreign investors.

11. Innovate diversified resolution mechanisms for international commercial disputes. Fully respect the parties' right to choose dispute resolution methods, strengthen cooperation with international commercial mediation institutions and arbitration institutions, and improve the "one-stop" diversified resolution mechanism for international commercial disputes that organically links litigation, mediation and arbitration. Support well-known overseas international commercial arbitration institutions to set up business institutions in Pudong New Area, carry out arbitration business on international commercial disputes, support and guarantee the application and enforcement of interim measures such as property preservation, evidence preservation and conduct preservation by parties to arbitration cases in accordance with the law, and help Pudong build an international commercial dispute resolution center with international influence and attractiveness.

12. Complete mechanisms for the identification and application of laws on international commercial disputes. Establish and complete extraterritorial legal ascertainment mechanisms, support courts in establishing extraterritorial law ascertainment platforms, improve multilateral and bilateral extraterritorial law identification cooperation mechanisms, introduce extraterritorial law as expert witnesses to participate in litigation systems, and raise the level of application of international commercial trial law. Strengthen the study and application of international law, promote the construction of a legal system for extraterritorial application of civil law, and comprehensively promote the domestic rule of law and the foreign-related rule of law. Through fair and efficient judicial adjudication, we will help innovate and enrich the rules of international commercial transactions.

V. Give play to maritime adjudication functions and support and guarantee the construction of the core area of the international shipping center

13. Improve the modern maritime judicial service system. Strengthen the integrated development of Shanghai Port and Pudong International Airport and the Yangtze River Delta port group and airport group, through the trial of multimodal transport contract dispute cases, reasonably review and allocate the responsibilities of each section, and promote the innovation of the integrated management system and mechanism of jianghai, sea, land, air and rail. Focus on the core area planning of Pudong to build an international shipping center, enhance the energy level of international sea and air hubs, help integrate and enlarge the elements of shipping resources in the Yangtze River Delta, and accelerate the construction of a shipping hub with the Yangtze River Delta that radiates the world.

14. Increase the intensity of research on frontier issues in maritime justice. Strengthen the study of legal issues related to the coastal piggyback business of foreign container liner companies in foreign countries, Hong Kong and Macao that use their wholly-owned or controlled subsidiaries for foreign trade containers of international navigation vessels, and provide judicial guarantees for the pilot project of foreign trade container coastal piggyback business between Dalian Port, Tianjin Port, Qingdao Port and Shanghai Port Yangshan Port Area, and the yangshan Port Area of Shanghai Port. Give play to the research role of the Shanghai Base of International Maritime Justice of the Supreme People's Court, strengthen research on the application of law in the process of innovation and development of shipping businesses such as shipping finance, international ship transportation, international ship registration management, and international shipping economy, properly handle jurisdiction disputes and parallel litigation in foreign-related maritime cases, and promote the construction of an international maritime judicial center with high international influence.

15. Raise the level of maritime trial informatization construction. Support the Shanghai Maritime Court to build a smart maritime court (Shanghai) practice base, rely on modern artificial intelligence and big data platforms, explore the establishment of a highly informatized maritime trial enforcement work mechanism that conforms to the judicial laws of maritime trials, and help build a "model room" for smart maritime courts.

Sixth, improve the level of protection of consumer rights and interests, support and guarantee the construction of international consumption centers

16. Fair trial of consumer rights and interests protection cases. Give full play to the role of consumer dispute adjudication, severely sanction illegal and untrustworthy business operators, promote operators to establish the spirit of craftsmanship, enhance quality awareness, realize the transformation from "weight" to "heavy quality", help Pudong increase the supply of high-quality products and services, and effectively meet the needs of consumption quality upgrading. Enhance the professional and international level of judicial protection of consumer rights protection, rely on an all-round, wide-coverage, and strong and effective judicial protection system for consumer rights protection, promote the construction of a rapid and effective consumer dispute handling mechanism, protect the legitimate rights and interests of consumers in accordance with the law, and help create a good consumer environment in Shanghai international metropolis and international consumption city.

17. Protect the lawful rights and interests of cross-border consumption in accordance with law. Correctly understand the characteristics of different models such as the cross-border bonded zone model in cross-border consumption, the mode of overseas enterprises entering the domestic e-commerce platform, the mode of purchasing from overseas business operators, and the mode of purchasing on behalf of overseas individuals, correctly determine the legal relationship between the parties, and accurately apply the law to resolve cross-border consumer disputes. Relying on the construction of smart courts, using the people's courts' online litigation platform and online mediation platform, we provide cross-border consumer parties with a full range of judicial services that integrate "online and offline". Encourage and support cross-border e-commerce to play the main role of the platform, establish and improve the consumer dispute settlement, mediation and advance compensation system, improve the efficiency of cross-border consumer dispute resolution, help Pudong actively develop the tax-free economy, and help domestic and foreign consumers facilitate rights protection and rest assured consumption.

18. Improve Internet platform governance rules. Focus on the construction of an international data port and data exchange in Pudong, strengthen the adjudication of Internet cases, support the construction of the Shanghai Internet Judicial Research Center, actively carry out research on judicial adjudication rules, promote the formation of practical and feasible Internet platform governance rules, improve the Responsibility System of Internet platforms, protect the legitimate rights and interests of online shopping in accordance with the law, and promote the standardized development of the Internet industry. Severely punish telecommunications fraud, network violations, and criminal acts in accordance with the law, and strengthen the rectification and standardization of the "gray and black industry" on the Internet. Strengthen judicial forward-looking research, properly respond to new problems in new formats and models such as unmanned retail, live e-commerce, and customized consumption, help the development of new consumption areas in Pudong, and enhance the leading and driving role of new consumption in the entire industry chain.

VII. Strengthen overall planning and coordination, establishing and improving a systematic and complete rule of law safeguard system

19. Strengthen theoretical safeguards. The Supreme People's Court should strengthen forward-looking research on the judicial needs and prominent problems of the Pudong New Area to build a leading area for socialist modernization, strengthen overall guidance, supervise the implementation of tasks, summarize experience and practices, and improve policy mechanisms. The Shanghai Municipal High People's Court should do a good job in supporting and ensuring the implementation of measures to support and ensure the high-level reform and opening up of pudong New Area and the creation of a leading area for socialist modernization; it is necessary to strengthen communication and liaison with relevant departments, coordinate and promote regional coordination in the Yangtze River Delta, continuously summarize the adjudication rules for difficult, complex and new types of cases, timely release white papers and typical cases in various trial fields, and enhance the international influence and credibility of judicial adjudication.

20. Strengthen information safeguards. Strengthen the construction of smart courts. Promote the interconnection and interoperability of judicial big data and administrative management big data, accelerate the integration of the whole process of online case handling and online litigation service systems, improve the early warning and prediction function of judicial big data, strengthen the construction of network and information security management systems, coordinate to prevent and resolve major risks, help Pudong build a demonstration model for modern urban governance, and promote the construction of a "one network unified management" smart city.

21. Strengthen safeguards for rule of law teams. Establish and complete mechanisms for the cultivation, introduction, and exchange of rule of law talents, increasing the intensity of training of rule of law talents in areas such as trade, investment, shipping, finance, and intellectual property rights. Strengthen the education and training of judges, comprehensively raise the level of professional adjudication of judges, and build a high-quality adjudication team with strong politics, excellent professional skills, and an international perspective. Complete safeguard mechanisms for judges' participation in foreign exchanges and foreign-related training, encourage and support judges' participation in and promote the formulation of international rules in relevant fields, and cultivate a contingent of rule of law talents with an international perspective.

Supreme People's Court

January 10, 2022