On January 20, the Fengtai Court held the 15th online press conference on "New Cases In the Month" to introduce the experience and typical cases of the Fengtai Court in helping the construction of the "two districts" in Fengtai District by opening up a new pattern of financial adjudication.
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At the press conference, Su Jie, vice president of the Third Civil Trial Division of the Fengtai Court, introduced that focusing on the construction goals of "three key areas and five key areas" in Fengtai District, the Fengtai Court issued the "Implementation Opinions on Providing Judicial Services and Guarantees for the Construction of the "Two Districts" in Fengtai District (Trial Implementation)", "The Implementation Rules on Giving Play to the Role of Commercial Trial Functions to Escort the Construction of the "Two Districts" (Trial)", "The Implementation Rules on Providing Judicial Services and Guarantees for the Construction of intellectual Property Rights Protection in the "Two Districts" (Trial)" and other "1+2" Judicial Safeguard Opinions, under the guidance of the above opinions, the Fengtai court deepened the analysis and judgment of the financial trial situation, formulated implementation rules around the litigation of representatives of securities disputes and the work of expert jurors, and established an "expert think tank" composed of advisory members and expert advisory members, relying on big data analysis to strengthen financial risk early warning and promote the continuous optimization of the judicial effect of financial trials. At the same time, the Fengtai court took the initiative to extend the adjudication function, deepened the "one team, one enterprise" mechanism, visited the Management Committee of Lize Financial Business District to investigate the needs of financial trials, and strengthened market supervision and industry self-discipline through the issuance of "targeted" judicial suggestions, and standardized the business behavior of market entities. Since 2020, more than 10 judicial suggestions have been issued to Ping An Insurance Company, China Merchants Bank and other enterprises.
Fengtai Court
It is understood that the Fengtai court deepened the governance of the source of financial case litigation, established a governance mechanism for financial batch cases, focused on building a "full coverage" diversified solution system, absorbed industry-specific professional mediation forces, improved the degree of professional mediation of financial cases, and at the same time formed a team for the governance of the source of financial disputes, judges, judges' assistants, and mediation organizations formed a joint force to intensively mediate financial batch cases, opened a green channel for financial disputes such as "delegated mediation + written judicial confirmation", and strived to make the facts clear. The resolution of financial cases with minor disputes is pre-litigation, and the efficient, fast and low-cost resolution of financial disputes is promoted to the greatest extent. In 2021, more than 90% of the newly received financial cases were appointed for mediation.
In view of the characteristics of many enterprises in the science and technology park under its jurisdiction, the Fengtai court has deepened its study of frontier issues and related cases in the financial field, actively learned from advanced judicial experience outside the region and international high-standard economic and trade rules, distinguished between the models of financial transactions, protected the legal and innovative ones, cracked down on the trading models that were concealed in legal forms, and gave full play to the normative role of the judiciary to escort the compliance business activities of financial institutions and effectively protect the legitimate rights and interests of investors.
"Carry out elemental adjudication of financial disputes, study and formulate 18 templates for inquiry records and elemental judgment documents of 5 common types of financial cases such as financial loan contract disputes, and effectively improve trial efficiency", Su Jie said when talking about trial capacity building, Fengtai court focused on cultivating high-quality financial adjudication teams proficient in judicial adjudication and financial practice, through innovating financial trial work mechanisms, establishing financial trial case resource databases, creating professional commercial trial lecture halls, and building business training platforms. Promote the "all-round" improvement of financial adjudication capabilities, and more than 20 papers and cases have won national awards.
At the meeting, Su Jie reported five typical cases, involving equity financing of enterprises in the new energy industry, standardized operation of the financial industry, and corporatized governance of financial enterprises.
"The construction of Beijing's 'two districts' is a national-level task, serving and ensuring the construction of 'two districts' is an important duty and mission of the people's courts, the Fengtai court will adhere to the guidance of Xi Jinping Thought on the Rule of Law, adhere to the rule of law thinking and rule of law methods, put the construction of the 'two districts' of service guarantee in a more important position, based on the functional positioning of the court, target policies, precise force, strengthen the reform of the trial mechanism in key areas, strengthen the capacity building of professional trials, help the innovative development of key financial areas, and actively participate in social governance in the financial field. Continuously inject judicial energy into creating a world-class business environment. Guo Junbao, spokesman for the Fengtai court and director of the political department, said.
Comments by representatives and committee members
Li Huijuan
Deputy of the Municipal People's Congress Beijing Jingliang E-commerce
Manager of quality control department of the company
It is a great pleasure to participate in the 15th "New Cases of the Month" press conference of the Fengtai Court today. The Fengtai court has a high political position and a strong sense of the overall situation, and the content of each issue of the press conference reflects the progress with the times, focusing on social hotspots, people's concerns, emerging fields, and regional characteristics, which has good practical significance. With the spirit of craftsmanship, the judges of Fengtai Court handle every dispute, and extract the common elements of financial cases, innovate work ideas, improve trial efficiency, and use new ideas, new concepts, and new methods to improve and perfect the judicial guarantee mechanism; in the form of typical case releases, explain the law and reason, and respond to social concerns! I sincerely hope that the Fengtai court will continue to work hard in judicial protection in the construction of the "two districts" in Fengtai and add bricks and tiles!
Peng Hongmei
Deputy to the District People's Congress Director of the Data Center Comprehensive Management Department of Postal Bank of China Co., Ltd
It was very exciting to listen to the press conference and see that our Fengtai court has been full of innovative spirit in the epidemic era, opened up a new pattern of financial adjudication, and escorted the standardized operation of financial enterprises and the construction of Fengtai District!
Li lei
Member of the CPPCC District Committee Beijing Xinyue Zhongcheng Science and Technology Incubator
General Manager of Ltd
Today, it is a great honor to participate in the Fengtai Court's press conference on the construction of the "two districts" for Fengtai District and the development of a new pattern of financial adjudication, because of the epidemic, the original offline press conference was temporarily changed to an online press conference, which reflects the rigor and meticulousness of the work of the Fengtai Court. Vice President Su Jie introduced the trial of financial cases, and through five typical cases, reflected that the Fengtai court took into account both legal and social effects in ensuring the rapid economic development of Fengtai. At the same time, the Fengtai court has promoted the innovation and reform of the trial mechanism from three aspects, such as responding to demand, deepening reform, and building a new financial trial system for the construction of the "two districts", improving the financial trial capacity, optimizing the judicial effect of financial trial, and providing strong judicial services and guarantees for the reform and innovation of the financial field in the construction of the "two districts" in Fengtai District with new ideas, new concepts and new methods.
peak
Cppcc Committee member of the district CPPCC Beijing Zhongkeli high-tech development
Chairman of the Board of Directors of The Company Limited
The Fengtai Court has made outstanding contributions to the construction of the two districts in Fengtai District! Always standing at the forefront of the law, escorting the economic development of the two districts of Fengtai District, taking the facts as the basis, taking the law as the criterion, accurately judging, the judges' legal skills are profound, and I hope that the Fengtai court will write a new chapter in the new year and create brilliant achievements again!
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Let's take a look at these five typical cases!
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Contributed | Fengtai Court
Edit | Yue Juan Yao Rihui