The Top 10 Judicial Policies of the People's Courts in 2023, selected by the editorial department of the People's Court Daily, were released today. This selection focuses on judicial documents that implement the major decisions and deployments of the Party and the state, reflect the key work of the Supreme People's Court, respond to the concerns of the people, and meet the needs of judicial practice. In view of the fact that some judicial policies can be attributed to the same theme, this selection selects and refines ten theme categories from more than 30 judicial documents released publicly, and launches them in the form of separate categories, in order of publication time.
The top 10 judicial policies include: strengthening the comprehensive protection of intellectual property rights, serving and safeguarding major national strategies, severely punishing crimes of sexual assault against minors, promoting the lawful performance of family education duties, promoting the ecological protection and high-quality development of the Yellow River Basin, improving the system of rules for the application of laws in the trial of environmental resources, punishing online violent crimes in accordance with the law, optimizing the legal environment for the development of the private economy, improving the foreign-related legal system, and accurately applying the general principles of the Civil Code on contracts.
At the special invitation of the People's Court Daily, Professor Wang Liming, Professor Wang Xinxin and Professor Shi Yanan of the Chinese People's University, Professor Huang Jin, Professor Wang Jinxi, Professor Wang Canfa and Professor Wang Zhenhui of the China University of Political Science and Law, researcher Mo Jihong and researcher Guan Yuying of the Chinese Academy of Social Sciences, and Wang Shuyi Distinguished Professor of the Shanghai University of Political Science and Law made wonderful comments on the ten major judicial policies. (People's Court Daily reporter Liu Qiang)
Content Guidance
01 · Strengthen the comprehensive protection of intellectual property rights
In February and October 2023, the Supreme People's Court and the State Intellectual Property Office jointly issued the Opinions on Strengthening the Collaborative Protection of Intellectual Property Rights and the revised Provisions on Several Issues Concerning Intellectual Property Courts, which are committed to optimizing the coordination and cooperation mechanism, strengthening the collaborative protection, and further optimizing the specialized adjudication mechanism for intellectual property rights.
Comments
Researcher at the Intellectual Property Research Center of the Chinese Academy of Social Sciences
Tube Breeding Eagle
The level of intellectual property protection is positively correlated with the overall innovation capacity of the country. At present, innovation has been fully embedded in all aspects of the mainland's socialist modernization, and the competition situation at home and abroad is simultaneously showing a complex situation; the focus of the mainland's intellectual property protection work has developed from mainly cracking down on simple piracy and counterfeiting in the early stage to mainly facing the challenge of strengthening the legal protection of intellectual property rights and forming a basic system to support comprehensive innovation. In February 2023, the Supreme People's Court and the State Intellectual Property Office jointly issued the Opinions on Strengthening the Coordinated Protection of Intellectual Property Rights, proposing a series of measures to improve the linkage mechanism between administrative and judicial protection of intellectual property rights, demonstrating a new atmosphere of working together to implement the spirit of the Party and the state's decision-making on comprehensively strengthening intellectual property protection. In October of the same year, the Supreme People's Court's revision of the Provisions on Several Issues Concerning Intellectual Property Courts attracted great attention from domestic and foreign industry insiders. The establishment of the Intellectual Property Tribunal of the Supreme People's Court is an institutional innovation with Chinese characteristics. The amendment summarizes the trial experience of the court in the past few years, further optimizes the mechanism for specialized adjudication of intellectual property rights, and is particularly worthy of expectation in terms of adjusting the scope of jurisdiction, raising the entry threshold and appropriate diversion, unifying the adjudication standards for act preservation, and establishing an information disclosure mechanism for related cases. These reforms will help the courts run more smoothly and effectively, enable them to concentrate on hearing major intellectual property cases, provide demonstrations with supporting systems such as high-quality adjudication and case guidance, ensure and promote the country's high-level scientific and technological self-reliance and self-reliance, and create a market-oriented, law-based and international business environment.
Content Guidance
02 · Service guarantee major national strategy
In March and October 2023, the Supreme People's Court issued the Opinions on Providing Judicial Services and Safeguards for the Comprehensive Revitalization of Northeast China in the New Era and the Opinions on Providing Judicial Services and Guarantees for Deepening the Comprehensive Cooperation between Guangdong, Hong Kong and Macao in Nansha, Guangzhou, to serve and ensure the comprehensive revitalization of Northeast China in the new era and the major strategic deployment for the construction of the Guangdong-Hong Kong-Macao Greater Bay Area.
Comments
Researcher at the Institute of Law, Chinese Academy of Social Sciences
Mo Jihong
In March 2023, the Supreme People's Court issued the Opinions on Providing Judicial Services and Safeguards for the Comprehensive Revitalization of Northeast China in the New Era, proposing a number of specific judicial services and safeguard measures, such as promoting innovation in the financial trial system and mechanism, supporting the courts in Inner Mongolia, Liaoning, Jilin, Heilongjiang and other places to strengthen the professionalization of financial trials; Judicial support for the construction of major projects such as Harbin New Area and China (Heilongjiang) Pilot Free Trade Zone in Heilongjiang Province and the protection and utilization of industrial heritage in Northeast China. These measures closely focus on the key tasks of the comprehensive revitalization of Northeast China in the new era, meet the actual needs of the comprehensive revitalization of Northeast China, and strengthen judicial initiative and judicial service functions. In October of the same year, the Supreme People's Court issued the Opinions on Providing Judicial Services and Safeguards for Deepening the Comprehensive Cooperation between Guangdong, Hong Kong and Macao in Nansha, Guangzhou, which is an important judicial measure to further support the construction of the legal system in the Guangdong-Hong Kong-Macao Greater Bay Area. The Opinions put forward a number of specific measures of great innovative significance, such as supporting Hong Kong legal practitioners and Macao practicing lawyers who have obtained lawyers' practice certificates (Guangdong-Hong Kong-Macao Greater Bay Area) to practice in Nansha, Guangzhou, expanding effective ways to ascertain extraterritorial laws, establishing and improving regular cooperation mechanisms with third-party institutions such as the "Belt and Road" Extraterritorial Law Ascertainment (Guangzhou) Center, and supporting Hong Kong and Macao experts to appear in court in Nansha to provide legal ascertainment assistance. These measures can promote the construction of a high-level opening up to the outside world, promote the docking of the rules of Guangdong, Hong Kong and Macao, and help Guangzhou Nansha establish a first-class business environment based on the rule of law.
Content Guidance
03 · Severely punish crimes of sexual assault on minors
In May 2023, the "Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Rape and Indecency with Minors" and the "Opinions of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice on Handling Criminal Cases of Sexual Violations against Minors" were released at the same time, pointing to the crime of sexual violations against minors.
Comments
Professor of Chinese People's University
Shi Yan'an
Severely punishing crimes of sexual assault against minors in accordance with the law has always been an important part of the "strict" aspect of the mainland's basic criminal policy. In recent years, criminal cases of sexual assault against minors committed by persons with special responsibilities have seriously violated the bottom line of basic social ethics and morality, and various cases of sexual assault against minors related to information networks have also become a new problem in criminal governance. The Supreme People's Court and the Supreme People's Court and the Supreme People's Court and the Ministry of Justice issued relevant case-handling guidance, not only clarifying the specific criminal policies and standards for the application of norms for severely punishing such crimes, but also clearly putting forward the principles of "special priority protection", "the best interests of minors", and "two-way protection", but also comprehensively upgrading the corresponding legal system and supporting measures, and improving the corresponding working mechanisms. These two important judicial documents emphasize three key words: First, "zero tolerance", emphasizing that cases must be filed, those guilty must be prosecuted, and strict criminal punishment will be enforced, and "strictness" will be the general tone of punishing such crimes. "Severe" refers not only to severely punishing such offenders, but also to tightening the legal net so that no perpetrator of sexual assault on minors is spared. The second is protection, that is, on the one hand, to deter potential offenders through severe criminal sanctions, and to actively carry out management of the source of litigation, and on the other hand, to protect the interests of minor victims in the handling of criminal cases, to avoid secondary harm in criminal proceedings, and to give juveniles full legal aid. The third is high quality and efficiency, that is, from the discovery of cases to the enforcement of criminal punishments, it is required to improve the quality and efficiency of case handling, actively give play to the advantages of the comprehensive management work model, and protect the interests of juvenile victims to the greatest extent.
Content Guidance
04 · Promote the lawful performance of family education duties
In May 2023, the Supreme People's Court and the All-China Women's Federation jointly issued the "Opinions on Carrying out Family Education Guidance Work", aiming to fully implement the Law on the Promotion of Family Education, promote the guardians of minors to perform family education duties in accordance with the law, safeguard the lawful rights and interests of minors, prevent minors from breaking the law and committing crimes, and ensure the healthy growth of minors.
Comments
Professor, China University of Political Science and Law
Wang Zhen will
Family education refers to the cultivation, guidance, and influence of parents or other guardians on minors' moral character, physical fitness, life skills, cultural accomplishment, behavioral Xi, and other aspects in order to promote their comprehensive and healthy growth. The Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency have made principled provisions on the performance of family education duties by the parents or other guardians of minors, and the Law on the Promotion of Family Education has clarified the main responsibilities and contents of family education, state support, social coordination, and other requirements, thus elevating "family affairs" to "state affairs". The Opinions further stipulate the principles for the people's courts to carry out family education guidance work, the circumstances, requirements, and methods of guidance, as well as the conditions, content, and procedures for formulating and issuing family education guidance orders, and so forth, and provide corresponding safeguard measures in terms of strengthening the establishment of a specialized and specialized family education guidance service system, establishing a work linkage mechanism, and including it in the scope of performance evaluations. The formulation and promulgation of the Opinions provides clear and unambiguous work guidelines for courts at all levels across the country to implement legal provisions when handling cases involving minors and carrying out work on the protection of minors, strengthen coordination and cooperation with women's federation organizations, give full play to the advantages of women's federation organizations, and standardize the work of family education guidance; It is of positive significance to protect the lawful rights and interests of minors and promote the healthy growth of minors.
Content Guidance
05 · Promote the ecological protection and high-quality development of the Yellow River Basin
In June 2023, the Supreme People's Court issued the Opinions of the Supreme People's Court on the Implementation of the Yellow River Protection Law of the People's Republic of China, guiding the court system at all levels to comprehensively study and Xi the spirit of the legislation, accurately grasp the gist of the legislation, follow the laws and characteristics of judicial protection in river basins, and enhance the targeted, targeted and effective implementation of the law.
Comments
Professor, China University of Political Science and Law
Wang Canfa
Less than three months after the Yellow River Protection Law came into effect on April 1, 2023, the Supreme People's Court issued the Opinions of the Supreme People's Court on the Implementation of the Yellow River Protection Law of the People's Republic of China. The Opinions are closely related to the legislative purpose, basic principles and important systems of the Yellow River Protection Law, and according to the characteristics of judicial protection in the Yellow River Basin with Chinese characteristics, it clarifies the great significance, basic principles, adjudication ideas, and the direction of reform and innovation of the environmental justice system and mechanism, and provides basic guidelines for environmental justice in the Yellow River Basin. The Yellow River flows through nine provinces and autonomous regions, as well as climatic zones such as plateau mountain climate, temperate continental climate, temperate monsoon climate, etc., and the basin is rich in biodiversity and is a complete basin ecosystem. For the judicial protection of the Yellow River, it is necessary to consider the requirements of the integrity of the ecosystem, and try to avoid and minimize the impact of administrative division management on the integrity of the ecosystem. To this end, it is necessary to set up cross-administrative region river basin adjudication bodies, implement centralized jurisdiction over cross-administrative divisions of environmental resources trials, and at the same time unify the enforcement of criminal, civil, and administrative environmental resources cases and corresponding judgments by specialized adjudication bodies. In this regard, the opinion specifically pointed out that "the people's courts at all levels should take the implementation of the Yellow River Protection Law as an opportunity, based on the characteristics of river basin protection and the needs of governance, and promote the centralized jurisdiction mechanism of environmental resources trials across administrative divisions based on ecosystems or ecological function zones in accordance with local conditions, and solidly promote the unified trial of criminal, civil and administrative cases of environmental resources by specialized adjudication institutions", which points out the direction for promoting the specialization of environmental resources adjudication in the Yellow River Basin.
Content Guidance
06 · Improve the system of rules for the application of law in the adjudication of environmental resources
In July and August 2023, the Supreme People's Court issued (including joint releases) a series of documents, including the Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Destruction of Forest Resources, and the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Ecological and Environmental Tort Liability, to give full play to the role of environmental resources adjudication functions and promote the high-quality development of environmental resources adjudication.
Comments
Distinguished Professor of Shanghai University of Political Science and Law
Wang Shuyi
In 2023, the Supreme People's Court successively issued five judicial documents, including the Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Ecological and Environmental Infringement Liability, covering issues such as specialized people's assessors, the scope of ecological environmental infringement, evidence in civil litigation of ecological environmental infringement, and the punishment of environmental pollution crimes in accordance with the law. These judicial documents highlight one theme and two main points. One theme is to further improve and improve the system of rules for the application of law in ecological and environmental adjudication, promote the high-quality development of environmental resources adjudication, give full play to the role of ecological and environmental adjudication, and accelerate the development of harmonious coexistence between man and nature. The two key points are: first, clarifying the issue of people's assessors with specialized knowledge participating in the trial of environmental resource cases, and second, clarifying the scope of ecological and environmental infringements. The former is to respond to the special requirements of environmental resources adjudication for specialized fact-finding, and is of great significance for resolving the scientific and technological issues involved in environmental resources cases and properly adjudicating environmental resources cases. The reason for stipulating the latter is that ecological environmental infringement is special in terms of the principle of attribution of tort liability and the proof of causation, and the applicable legal rules are also different, so it is necessary to clarify the scope of ecological environmental infringement. In addition, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Environmental Pollution, which focuses on new situations and new problems in judicial practice, and fully reflects the Supreme People's Court's firm position of severely punishing environmental pollution crimes in accordance with the law.
Content Guidance
07 · Punish online violent crimes in accordance with law
In September 2023, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Guiding Opinions on Punishing Online Violence Violations and Crimes in Accordance with Law", which comprehensively and systematically stipulates the application of law and policy grasp in cases of online violence, and puts forward requirements for all departments to strengthen cohesion and cooperation, so as to ensure the smooth investigation, prosecution, and trial of cases.
Comments
Professor, China University of Political Science and Law
Wang Jinxi
Cyberspace is an extension of the real society and an inseparable field for contemporary people's life and work. In the age of the Internet, online violence seems to be a stubborn disease. On the one hand, online violence against individuals who wantonly publishes insults, rumors and slanders, and invasions of privacy on the Internet is endless, which not only derogates the personality of others, damages the reputation of others, and even causes serious consequences such as mental disorders and suicide of the victims, but also seriously disrupts the order of the Internet, destroys the Internet ecology, and seriously affects the public's sense of security. On the other hand, unlike traditional violations and crimes, victims of online violence have practical difficulties in identifying the aggressor and collecting evidence, and the cost of protecting their rights is extremely high. In the practice of specific case handling, there are no specific and clear legal provisions and judicial interpretations to clarify the legal connotation and corresponding legal responsibility of online violence, which can easily lead to difficulties in filing cases, collecting evidence, and victims falling into the dilemma of protecting their rights. The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the "Guiding Opinions on Punishing Violations and Crimes of Online Violence in Accordance with Law", clarifying the manifestations and legal consequences of violations of online violence by way of enumeration, and is of important guiding significance for accurately applying the law and severely punishing violations and crimes of online violence in accordance with law. At the same time, the Opinions also clarify the rules for handling illegal acts of online violence in terms of procedures, strengthen the connection and cooperation of various departments, and orderly connect the private prosecution procedures and public prosecution procedures, so as to ensure the smooth investigation, prosecution and trial of cases. Therefore, this opinion is the most comprehensive and systematic provision to date on the application of law and policy grasp in cases of online violence.
Content Guidance
08 · Optimize the legal environment for the development of the private economy
In October 2023, the Supreme People's Court issued the Guiding Opinions on Optimizing the Rule of Law Environment and Promoting the Development and Growth of the Private Economy, which puts forward clear requirements for trial and enforcement work in terms of protecting the property rights of private enterprises and the legitimate rights and interests of entrepreneurs in accordance with the law, maintaining a unified, fair and honest market competition environment, and using the rule of law to promote the development and governance of private enterprises.
Comments
Professor of Chinese People's University
Wang Xinxin
The private economy is an important part of the mainland's market economy. In order to thoroughly implement the Opinions of the Central Committee of the Communist Party of China and the State Council on Promoting the Development and Growth of the Private Economy, in October 2023, the Supreme People's Court issued the Guiding Opinions on Optimizing the Legal Environment and Promoting the Development and Growth of the Private Economy. This is another important judicial document for the protection of the private economy, and it proposes some new policies and measures, which are of great significance. The opinion points out that it is necessary to strengthen the equal protection of the economy under all forms of ownership, protect the property rights of private enterprises and the legitimate rights and interests of entrepreneurs in accordance with the law, promote the improvement of the governance structure of private enterprises, and further promote the compliance reform of enterprises involved in cases; it is necessary to strictly distinguish between economic disputes and violations of the law, resolutely prevent and correct local protectionism, and the erroneous behavior of identifying economic disputes as criminal offenses and civil liabilities as criminal liabilities; It is necessary to actively promote the establishment of a special system for the bankruptcy procedures of small and micro enterprises and the centralized liquidation of personal debts, and strive to solve the problems of entrepreneurs providing guarantees for enterprise debts. These guiding opinions, formulated in response to practical problems and implementing the relevant spirit of the central authorities, will not only help guide the courts at all levels to give full play to their functions, comprehensively strengthen the legal guarantee for the development of the private economy, and promote the healthy development of private enterprises on the track of the rule of law, but also help promote the sound and perfection of the mainland's bankruptcy legal system, and accelerate the creation and improvement of the mainland's market-oriented, law-based, and international business environment.
Content Guidance
09 · Improve the foreign-related legal system
In December 2023, the Supreme People's Court promulgated the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Law of the People's Republic of China on the Application of Laws to Foreign-Related Civil Relations and the Decision on Amending the Provisions of the Supreme People's Court on Several Issues Concerning the Establishment of International Commercial Courts, to improve the foreign-related legal system such as the identification of foreign laws.
Comments
Professor, China University of Political Science and Law
Huang Jin
In December 2023, the Supreme People's Court promulgated the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Law of the People's Republic of China on the Application of Laws to Foreign-Related Civil Relations, which is the second judicial interpretation issued on the Law on the Application of Laws to Foreign-related Civil Relations, focusing on the identification of foreign laws. The ascertainment of foreign laws is an important part of the correct trial of foreign-related civil and commercial cases, and it is also a major problem that has long restricted the quality and efficiency of foreign-related civil and commercial trials by the people's courts. The Interpretation is committed to establishing uniform, standardized, scientific and perfect ascertainment rules to ensure that the people's courts can accurately ascertain foreign laws. In the same month, the Decision on Amending the Provisions of the Supreme People's Court on Several Issues Concerning the Establishment of International Commercial Courts was promulgated. The decision adapts to the new development and changes in the practice of international commercial trials, expands the scope of cases in which the parties agree to choose the jurisdiction of the international commercial court, expands the channels for the international commercial court to ascertain foreign laws, and is consistent with the channels for ascertaining foreign laws stipulated in the above-mentioned interpretations, reflecting the unity and coordination between judicial interpretations. In addition, the Supreme People's Court issued the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of International Treaties and International Practices in the Trial of Foreign-related Civil and Commercial Cases. This interpretation embodies the principle of performing treaty obligations in good faith, respecting the principle of international practice, safeguarding national sovereignty, security and social public interest, and is conducive to resolving the issue of how to apply international treaties and international practices in foreign-related civil and commercial trials. These documents are of great significance for improving the quality and efficiency of foreign-related civil and commercial trials in the mainland, expanding the international credibility and influence of the mainland's judiciary, improving the foreign-related legal system, and creating a market-oriented, law-based, and international first-class business environment.
Content Guidance
10 · Accurately apply the general principles of the Civil Code of Contracts
In December 2023, the Supreme People's Court issued the Interpretation on Several Issues Concerning the Application of the General Principles of Contracts in the Civil Code of the People's Republic of China, which clarifies the specific rules on the conclusion of contracts, the validity of contracts, the performance of contracts, the preservation of contracts, the modification and transfer of contracts, the termination of rights and obligations of contracts, and liability for breach of contract.
Comments
First-class professor of Chinese People's University
Wang Liming
In order to better cooperate with the implementation of the General Principles of Contracts in the Civil Code, the Supreme People's Court has formulated the Interpretation on the Application of the General Principles of Contracts in the Civil Code of the People's Republic of China on the basis of summarizing judicial practice experience, drawing on extraterritorial systems and building theoretical consensus. The interpretation is local, practical and contemporary, and presents the following outstanding characteristics: First, it explores the original intent of the legislation. Comprehensively use legal interpretation methods such as literal interpretation, system interpretation, purpose interpretation, and value supplementation to accurately interpret the meaning of the provisions of the General Principles of Contract, and refine and develop the General Principles of Contract and the relevant rules related to the system. For example, the provisions on the liability of third parties in the conclusion of contracts and the right of recourse of debtors have developed and improved the relevant rules of the contract section of the Civil Code. The second is to adhere to value leadership. Uphold the values of guaranteeing autonomy, maintaining integrity, encouraging transactions, and protecting the expectations of the parties to transactions, so that the core values of socialism, such as freedom, equality, justice, and the rule of law, can be realized through specific rules. The third is to unify the standards of adjudication. The interpretation adheres to the problem-oriented approach, is supported by cases, and focuses on solving the common and frequent problems in trial practice but the adjudication scale is not uniform, so as to unify the adjudication scale to the greatest extent. Fourth, the convergence of substantive law and procedural law should be realized. For example, specific provisions are made on how to exercise the right of defense, subrogation and revocation in litigation, and the rules of substantive law will be implemented. Fifth, it is necessary to maintain the continuity of judicial policies. For example, the provisions on the validity of contracts and the payment of debts in kind are derived from the minutes of the Ninth People's Republic of China, and many contents such as contract preservation and contract termination are derived from the judicial interpretations of the original Contract Law, and attention should be paid to the connection and difference between the old and new rules when applying.
Source: People's Court Daily