<h1 class="pgc-h-arrow-right" data-track="165" > her story</h1>
In the years of "bonding" with financial justice, it has been growing through ups and downs.
Written by | Yu Yue
"Next year marks the 10th anniversary of our Financial Tribunal."
During the interview, Chen Li opened her mouth to introduce us. The tone was brisk, with a vision of the next journey.
This is Chen Li's ninth year as president of the Financial Division of the Hongkou Court in Shanghai. For a quarter of the year after entering the hospital, she spent dealing with often new financial rules, the vagaries of financial markets, and years of financial trials.
Although the work content is complex and changeable, Chen Li, who has a calm personality, can always go from the analysis to the ease. When she first entered her office, in addition to the files and law books that could be seen everywhere, she could occasionally find the unique ingenuity of "Chen Lishi": the unicorn cultural creation of the Forbidden City on the computer screen, the "No Negative Today" table standing on the bookshelf...
"The entire financial industry has experienced a process from immaturity to maturity over the years, investors and institutions are growing rapidly, and financial adjudication also needs to constantly adjust and adapt to new ideas." When asked about her feelings about financial justice, Chen Liluo pondered and gave her own answer, obviously for her, in the years of "bonding" with financial justice, she has been growing up and down.
<h1 class="pgc-h-arrow-right" data-track="162" > from protection to guidance, from regulation to specification</h1>
When the market matures, it is necessary to guide investors, regulate institutions, and show the judge's knowledge and pattern in the change.
A winding Pujiang River separated the scenery on both sides of the magic capital, across the river is the Pudong Lujiazui Financial and Trade Zone lined with high-rise buildings, the extension is Shanghai's famous landmark Bund, as a foot in the "Golden Triangle", Hongkou North Bund stands out by virtue of its geographical advantages, and is committed to "building the core bearing area of Shanghai's global asset management center".
The development of Hongkou's financial industry over the years is another wonderful perspective in Chen Li's eyes, she lamented: "The growth of financial cases is too fast. Indeed, the rapid development of the financial industry meets the gradual relaxation of the "money bags" of the people, and conflicts inevitably break out between investors and financial institutions if they are not careful, so investment disputes have also become the "important town" of adjudication in the eyes of financial judges.
"They cheated me out of my money, and there is no reason why the bank has managed to get rid of the money!"
Such a complaint appeared in a financial services contract dispute case in 2016, Ms. Cheng purchased a 500,000 yuan wealth management product under the recommendation of the bank's account manager, and a few months later, she accidentally learned through a text message that the purchased fund was forcibly liquidated, and finally redeemed half of the loss, so the bank was required to pay the principal and interest.
Who should be responsible for the loss of investment and financial management results?
"First of all, we must judge whether the investor is qualified, whether it can understand and bear the investment risk, and then consider whether the institution is at fault in the process and whether it has fulfilled the obligation of reasonable notification and explanation to the investor." Chen Li elaborated on her thinking on the trial at that time.
However, the seemingly unremarkable case involved the determination of financial consumers' eligibility review obligations, information disclosure and other issues, which were not written in the legal level at that time. To clarify the nature and proportion of responsibility is tantamount to "crossing the river by feeling the stones", Chen Li needs to lead her team to give rigorous answers after full demonstration.
The clerk was deeply impressed by the case handling process at that time: "Chen Ting led the entire collegial panel to look for key witnesses, and finally found the account manager He Mou before the third court session, and restored the specific details of the product promotion and sales process at that time." In the end, the collegial panel combined the evidence to determine that Ms. Cheng was a qualified investor, but the bank failed to fulfill its obligations of information disclosure and risk warning, and ordered her to compensate 100,000 yuan as appropriate.
This is the first effective judgment in the city to clarify that a commercial bank has the obligation of consumer eligibility review, risk disclosure and risk reminder when selling financial wealth management products on behalf of the city, which has played an important role in prompting and referring to the regulation of the behavior of financial institutions.
To Chen Li's delight, the "Minutes of the Nine People" and the "New Rules on Asset Management" promulgated a few years later conveyed the concept of "the seller is responsible and the buyer is conceited", which coincides with the trial idea of the case - "We are in the front, and this road is correct." ”
Some people describe the law this way: the law is a tool to protect the weak.
But in Chen Li's heart, she has her own understanding and perception: "In addition to the resolution of a case and the conclusion of a judgment, the value of financial adjudication should also have the role of guiding the norms of behavior and guiding the values of society." "Investors and institutions are constantly developing in the dynamics, when the market is immature, it is necessary to protect investors and regulate institutions; when the market is maturing, it is necessary to guide investors, regulate institutions, and show the judge's knowledge and pattern in the change."
This is Chen Li's growth, but also the growth of financial investors and institutions under her witness.
<h1 class="pgc-h-arrow-right" data-track="160" > "the more professional, the more convincing"</h1>
We must not give up because of a little difficulty, and we will solve it if there is a problem.
What does a good judge need to have? "Cross-border" is a key word frequently mentioned by Chen Li.
In 2019, the Shanghai Banking Dispute Mediation Center is ready to develop an APP to achieve online mediation, so that the parties can achieve "zero running" in the true sense, and the person in charge of the center invited Chen Li to give professional and perfect opinions from the perspective of judicial confirmation.
"Exploring the real 'seamless docking of online mediation with judicial confirmation' has the practical value of wide application." However, there are many legal difficulties to be solved: how to confirm the authenticity of the parties to the mediation? Will the content of the mediation agreement reached be changed? Will the submitted electronic evidence be tampered with?
"We must not give up because of a little difficulty, and we will solve it if there is a problem." With such determination, Chen Li and her colleagues worked together to classify and sort out evidence in judicial practice and fix standards, repeatedly simulate deductions, and standardize the preliminary process of online mediation.
In addition to the test at the judicial level, the technical level also ushered in difficulties, can the mediation content remain complete and true in the whole process?
Chen Li thought of the "electronic authentication technology" she had encountered in the past in handling cases: this encryption technology developed by the China Financial Certification Center can record each link during the user's operation, and finally form an unchangeable electronic evidence preservation system verification report.
If you try to embed this technology into the app of the mediation agency, is it more objective and fair?
The "first case" of mediation explored originated from a bank card theft case entrusted by the Financial Division of Shanghai Hongkou Court: the party Xiao Aunt was stolen in the middle of the night to brush 20,000 yuan, and after communicating with the bank to confirm the fact of "separation of people and cards", the two parties reached the basic intention of mediation.
Log in to an account, display evidence, reach a mediation agreement, apply for judicial confirmation... The whole process is completed in one go, the mediation parties through the APP lock to generate the corresponding electronic text, by the judge and the clerk online review and confirmation and issue a judicial confirmation, the whole process took less than an hour.
This is the first case in the city to judicially confirm the mediation of industries using electronic authentication technology.
Throughout the process, Chen Li has not left the computer until the successful completion of her eyebrows: "This attempt to promote the diversion of disputes is inseparable from the "cross-border" knowledge learned, the more we know, the more professional, the more convincing the institution." ”
Nowadays, in addition to being applied to online mediation APP, this technology has also appeared in the online business construction of financial institutions such as COSCO SHIPPING Financial Leasing Company, which has greatly improved the quality and efficiency of the online business of the institution, which is inseparable from the help provided by Chen Li and her team: "Win-win with the institution in mutual assistance, benefit others and benefit themselves, and our trial pressure will be greatly reduced." ”
This is the growth of Chen Li, as well as the growth of traceability management of third-party mediation institutions and financial institutions with the help of the judiciary.
<h1 class="pgc-h-arrow-right" data-track="99" > "small and fine, specialized and beautiful"</h1>
Turn "input" to "output", look to the future, and give back to the society.
For Chen Li, this year is a step-by-step but unexpected year.
Since the beginning of the year, because of the selection, quota and other reasons, the court has successively bid farewell to four young cadres and policemen.
Greeting the send-off, the flow of unit personnel is a common thing. However, every time it was halfway separated, it still made this "Iron Lady" cry like rain. During the interview, she was hesitant to hold a farewell party for her recently departed colleagues for only three words — "crying and being afraid."
Such an emotional surge is not a whim, but a "deep sense of comradeship" accumulated over many years of hard work.
In 2013, Chen Li transferred from the research office to the financial court to take charge of the overall work, and it has been several years since then. At that time, the financial court was newly established, three or two judges, a new work model, everything was a new challenge for Chen Li, along the way, she said: "It is difficult to describe the rapid growth of the entire financial court at what point in time, it should be the result of the growth and accumulation of each cadre." ”
From the individual to the courtroom, such growth is inseparable from Chen Li's concept of "lifelong learning", and she also put forward the training process of "fast 'charging' and accurately 'building'": mobilize everyone to study the "spiritual food" such as demonstration court CDs and excellent judgment documents, and improve the trial business through imitation; at the same time, advocate "let opinions speak out and grow in exchanges", let everyone become "lecturers" to discuss the new law; organize judges to write typical cases and topics, and let the concept of "high-quality" be integrated into the operation of the courtroom.
Colleagues in the court commented on Chen Li: "She is like a mother who accompanies children to learn to walk every step, and she is like a recorder who reminds her from time to time. ”
After the gradual development of the financial court, Chen Li has been thinking about how to turn "input" into "output", look to the future, and give back to the society.
She believes that future development is inseparable from the "inheritance" of experience. "The adjudication post is the accumulation of ten years of grinding a sword, and if we do not refine and sublimate it and then learn from it, our experience will gradually be lost." She led the cadres and police of the whole court to sort out past cases in a "carpet style", looked through the common points of the trial in the case and summarized them according to the mind map, refined the trial ideas in similar cases, and finally formed into a trial "treasure book" with both practical and reference characteristics, and contributed fruitful results to the "Series of Guides for Handling Similar Cases" of the Shanghai High Court.
The case projects a variety of life, and after years of trial, Chen Li has seen a lot of family tragedies caused by financial management, and she has a deep feeling: "When a case enters the court, the money often thrown has disappeared. We must not only make fair judgments, but also let the concept of adjudication come to the forefront, and the best form of public welfare for judges is to popularize the law. Outside of the trial, she organized experienced judges in the court to write case white papers, design cartoon panels, conduct rule of law lectures, and provide face-to-face legal advice to community residents and financial consumers.
"Small and refined, specialized and beautiful", this is Chen Li's vision and positioning of the financial court told us in the interview. Under her leadership, the Financial Division of Shanghai Hongkou Court, as one of the four grass-roots courts in the city, continues to empower the regional economic development of the North Bund and even the entire Hongkou: "Our courtroom is not large, but it carries a lot, and we hope to do more in the future." ”
This is the growth of Chen Li, and it is also the growth of the financial court of the Shanghai Hongkou Court for which she fought.
"Live up to every day, have an account for yourself and others", this is the goal that Chen Li has always believed in. Since studying law, she has always pursued the "unicorn" in her heart - justice, fairness, and harmony. There may be difficulties, the heart occasionally bright and dark, but in the forward always adhere to their own choices and original intentions, always love.
At the end of the interview, Chen Li described to us a moving scene in her mind: at the business line training organized by the Supreme People's Court at the beginning of the year, she sat in the crowd and was radiant. On stage are experts representing the highest level of rule of law in China, and offstage are like-minded peers from all over the world, "Looking up, there are people you admire and can follow, look around, there are more people moving forward together." ”
Recommended by Wu Hong
Professor and doctoral supervisor of East China University of Political Science and Law, vice president of the Bank of China Law Research Association, and president of the Financial Law Research Association of the Shanghai Law Society
The Hongkou Court was one of the earliest in the grass-roots courts to establish a financial tribunal, and there is also a relatively good environment for theoretical discussion on financial innovation and wealth management. In relevant professional exchanges and academic discussions, I feel that Judge Chen Li is an expert judge with cutting-edge awareness, research spirit and learning ability.
It is under the leadership of Judge Chen Li that although the Financial Division of Hongkou Court is at the grassroots level, it has repeatedly created typical cases that lead the industry, and has produced a number of research results with theoretical and practical value. In a certain sense, it is precisely under the unremitting efforts of the group of financial trial judges represented by Judge Chen Li that the professional quality and long-term development of financial trials have been guaranteed, and the judicial environment of Shanghai International Financial Center has a solid foundation.
Source| Shanghai Hongkou District People's Court
Text: Yu Yue
Photography: Tang Chenyi
Responsible Editor | Zhang Qiaoyu
Statement| please indicate that it is from the "Shanghai High Court"