<h1 class="pgc-h-arrow-right" data-track="137" > her story</h1>
China's financial justice has been integrated into the world's financial rule of law, and in the future, it can even lead the world's financial justice. I am willing to be a corner of the story of China's rule of law, and I am also willing to tell the story of China's rule of law.
Written by | Wang Xianle Wu Bin
In the spring of this year, a film crew from the German national public television station Deutsche Tv walked into the Shanghai Financial Court. They came to record a special program to introduce China's wisdom court construction through the Shanghai Financial Court.
On August 22, German television 1 reported that the Shanghai Financial Court had a room full of computers. Lawyer Wang Shuang carried a USB stick instead of a document with him, "It used to take a day or two to print the documents. Now everything is paperless and I can process all the files in one or two hours. ”
The "room" mentioned by German Television One refers to the "black technology" litigation service center of the Shanghai Financial Court. This intelligent assistance case filing system that makes the parties feel inspired is one of the many achievements of the Shanghai Financial Court's construction of many smart courts - a one-stop intelligent litigation service platform.
Speaking of this litigation service center, Xu Wei, vice president of the Shanghai Financial Court's Case Filing Division (Litigation Service Center, Litigation Mediation Docking Center, And Petition Office), is like a number of family treasures. In the more than three years since the establishment of the Shanghai Financial Court, Xu Wei and colleagues in the Case Filing Division have used responsibility, diligence and wisdom to build this place into a "window" that can witness the rapid development of China's financial justice. Through this "window", Xu Wei is telling every wonderful story behind it...
<h1 class="pgc-h-arrow-right" data-track="134" > a story of science and technology empowerment and wisdom assistance: "To science and technology to benefit, let the case filing work keep up with the pace of the times."</h1>
Can we use scientific and technological means to reduce the burden on the parties and judges?
Compared with the judges who undertake the case, the judges of the case division are often unremarkable. Usually, when communicating, people will say: "I handled this high-quality case." Few people will say, "I made this high-quality case." However, in Xu Wei's view, the judges of the case filing division also need to cultivate a sense of "fine products" in order to do a good job in this seemingly "simple" work.
In the first week of the shanghai financial court, Xu Wei felt the pressure. "In the first week, there were 54 cases, with a total subject amount of nearly 1 billion yuan, involving more than 180 parties, and the disputes involved a variety of transaction products and legal relationships, and the jurisdiction review was extremely difficult." Looking at the parties and lawyers who came to file the case with trolley boxes and materials, the colleagues who were exhausted in front of the mountain of A4 paper, and the scanners that were directly "tired of the strike", Xu Wei had a thought: "Can we use scientific and technological means to reduce the burden on the parties and judges?" ”
This idea was strongly supported by the leaders of the hospital. Xu Wei led the colleagues of the case filing division to start the preliminary "user research" to fully listen to the needs of all parties.
For example, the judges of the Executive Board reflected that the preservation materials submitted during the filing of the case were prone to problems, and it was often necessary to find the parties to revise and make records, which not only increased the litigation burden of the parties but also affected the efficiency of preservation. As a result, Xu Wei and the Joint Executive Board studied countermeasures and embedded the litigation guidelines into the "Wisdom Aid Case Filing" system, and the success rate of the parties submitting the property preservation application was greatly improved.
In June 2020, the upgraded litigation service center with six major service functions of "one-window acceptance of litigation business, one-stop handling of multiple dispute resolution, one-click entrustment of auxiliary affairs, one-cabinet transfer of documents and materials, one-screen overview of litigation services, and one-time notification of litigation risks" was officially launched, and the acceptance window in the case filing hall was replaced by a row of LCD computers. On this day, Zhang Lihua, a lawyer at Shanghai Yaojiang Law Firm, carried a small satchel, took out a U disk from it, sat in front of the special computer of "Wisdom Aid Case Filing", and easily completed the case filing work.
<h1 class="pgc-h-arrow-right" data-track="131" > a story of urgent people's needs and relief of worries: "Compare hearts to hearts, let the parties feel the temperature of justice."</h1>
What depth can we achieve to make the parties run less errands and not be engrossed? It is best not to bring any materials!
"The case filing division is the first line of the people's court facing the people, and we must fully demonstrate the professionalism, efficiency and warmth of the case filing division, create a gold medal window, and polish the golden signboard." As the secretary of the party branch of the case filing division, Xu Wei once said at the branch party member meeting.
Nearly 50% of the first-instance cases accepted by the Shanghai Financial Court were disputes involving small and medium-sized investors suing listed companies for mass securities misrepresentation disputes. Many of the plaintiffs are ordinary shareholders, who lack financial and legal knowledge, and the cost of safeguarding rights is extremely high. To this end, the Shanghai Financial Court has created a "smart cabin for the protection of small and medium-sized investors".
Xu Wei thought at that time, "What depth can we achieve if we want the parties to run less errands and not to be pierced?" It is best not to bring any materials! To this end, Xu Wei and colleagues have repeatedly polished the function of the smart cabin for small and medium-sized investors. In the end, the "wisdom cabin" was completed, and the "value" and "energy value" were held at the same time: the qualifications of the litigation subject were automatically verified, and the case filing information was automatically generated... Relying on the model judgment mechanism, the parties really "do not bring any materials" and can complete the case registration by entering the wisdom cabin.
This warmth is more reflected in the daily work of the case filing division. One client recalled a detail in which she accidentally scratched her finger during the process of splitting the material, and the staff "lovingly brought the medicine box and found the disinfectant cotton balls and Band-Aids." She wrote in the essay on the third anniversary of the establishment of the Shanghai Financial Court, "The judges of the case filing department face all kinds of parties every day, receive and handle heavy case filing materials, and in addition to being impartial and selfless, they can also have a heart that cares for and warms the parties, which really moves me and remembers them for a long time." ”
"In fact, it is very simple to do this, that is, to compare the heart to the heart and change yourself to the perspective of the parties to think." Xu Wei said.
<h1 class="pgc-h-arrow-right" data-track="130" > a story of deep cultivation and continuous development: "To face the challenges from all sides, we must have the courage to fight."</h1>
Persist in learning by doing, learning by doing, constantly thinking, constantly exploring, and constantly breaking through one difficulty after another in practice.
If there is a lack of understanding of the court, it may be considered that the case filing tribunal "only files the case, not adjudicates the case", but this is not the case. The case filing division where Xu Wei is located also undertakes functions such as pre-litigation mediation and intensive trial of parallel cases of securities mass disputes.
Founder was awarded compensation for the losses of 4 investors for securities misrepresentation. This is not an ordinary case, but the first model judgment on securities disputes in China. Behind the four investors are thousands of investors who have suffered the same situation, with a total claim amount of up to 169 million yuan. After the model judgement came into effect, a large number of parallel cases poured into the case filing chamber. While handling nearly 100 traditional cases per month, about 350 parallel cases are also tried, accounting for more than 40% of the total number of cases in the court.
Time is tight and the task is heavy, but Xu Wei is full of confidence in completing the trial task, and this confidence comes from the excellent professional quality of the judges of the case filing division. Under the leadership of Xu Wei, the study and research atmosphere of the case filing court has always been very strong. "The study of the validity of non-exclusive and asymmetric terms requires us to be familiar with both domestic laws and industry practices and extraterritorial practices. Recently, we have also been studying the applicable objects and conditions of cross-border financial dispute jurisdiction. Xu Wei said.
Solid theory has laid a solid foundation for good case-handling results. In 2018, Xu Wei successfully resolved a cross-regional financial contract dispute of more than 100 million yuan through online mediation, and was selected as one of the "Top Ten Typical Cases of Diversified Solutions to Financial Disputes" of the Supreme People's Court.
In 2019, she sent a judicial proposal to financial institutions, proposing to add multiple dispute resolution clauses to the contract, giving priority to pre-litigation mediation to resolve disputes, which was positively responded to by the parties.
In 2020, she reviewed an application for assistance in interim measures for arbitration in the Hong Kong Special Administrative Region with a subject amount of more than $2.6 billion in accordance with the law, clarified and refined the relevant principles of assistance in preservation in relevant arbitrations, and demonstrated the friendly support position of the Mainland courts for foreign-related, Hong Kong, Macao and Taiwan commercial arbitrations.
"Judges who file cases will also face challenges from all sides, and they must be brave enough to fight." To this end, Xu Wei has added weight to herself, not allowing herself to have a "comfort zone", insisting on learning by doing, learning by doing, constantly thinking, constantly groping, and constantly breaking through difficulties in practice.
<h1 class="pgc-h-arrow-right" data-track="86" > a story of translators passing on things and researchers jinshi: "Sending out China's financial justice voice to the world"</h1>
China's financial justice has been integrated into the world's financial rule of law, and in the future, it can even lead the world's financial justice.
A few days ago, it was clear that it was a noon break, but in a conference room of the Shanghai Financial Court, more than a dozen young cadres and policemen were discussing it in full swing. Listening carefully, it turned out that they started from a popular movie and talked about the characteristics of foreign financial justice embodied in it.
This is a daily discussion activity organized by the "Translation and Research Agency" of the Shanghai Financial Court. The "Translation and Research Agency" takes the meaning of "translators pass on things, researchers jinshi as the opening", brings together 43 aspiring young people from the Shanghai Financial Court, adhering to the purpose of "local issues, global perspectives", analyzes and studies new cases of financial justice outside the region, translates and introduces the new progress of China's financial trials, and is committed to creating a cutting-edge, open and comparative financial trial practice exchange platform.
It is Xu Wei who serves as the president of the "Translation and Research Agency". She is an out-and-out "academic bully", with a master's degree in law from Fudan University and a master's degree in law and finance from Oxford University in the United Kingdom, and has exchanged studies at Harvard Law School in the United States. In her view, financial risk is like a butterfly effect, which will be transmitted and amplified between markets in various countries. To guard against financial risks, it is necessary to have an international perspective.
Translate the English version of the jurisdiction regulations and litigation guidelines, update the English version of the portal news, participate in the development of the "trial intelligent interpretation system", and compile typical cases of foreign-related, Hong Kong, Macao and Taiwan financial disputes... Under the organization of Xu Wei, in the past three years, the "Translation research agency" has translated more than 40 works and been published by well-known journals at home and abroad. Translated and proofread more than 100 cases and press releases of the Shanghai Financial Court.
In October 2019, Lord Hodge, Supreme Court Justice of the United Kingdom, and his party visited the Shanghai Financial Court. Sir William Blair, a former judge at the High Court of England and Wales, said he had a better understanding of financial justice practice in China through the Shanghai Financial Court's website. On behalf of the London Financial Court, Judge Robin Knowles offered to exchange views with the Shanghai Financial Court and jointly issue judgments in important financial cases.
In 2021, the Supreme People's Court drafted the "English Translation of the People's Court Organization, Job Title, workplace", and Xu Wei repeatedly convened the small partners of the "Translation and Research Agency" to focus on discussion and seek verification from many parties, and put forward many constructive opinions and suggestions for the translation of the relevant names and positions of the court. At the end of July, the Supreme People's Court sent a special letter thanking the Shanghai Financial Court for its dedication, hoping that the Shanghai Financial Court would continue to support international judicial exchanges and cooperation and contribute to the international dissemination of China's rule of law.
13 years ago, when Xu Wei was exchanging studies at Harvard Law School, the vice president of Harvard Law School asked her what she planned to do after completing her studies, and Xu Wei said without hesitation, "I want to go back to China to become a judge." ”
"China's financial justice has been integrated into the world's financial rule of law, and in the future, it can even lead the world's financial justice," Xu Wei has always believed, "I am willing to be a corner of China's rule of law story, and I am also willing to tell the story of China's rule of law." ”
Recommended by Chen Li
Professor and doctoral supervisor of Fudan University, Vice Dean of Fudan University Law School, Vice President of International Law Research Association of Shanghai Law Society
It is a pleasure to be a recommender to Xu Wei. Xu Wei is a representative of outstanding graduates of Fudan University Law School majoring in international law. The Law School of Fudan University takes it as its mission to cultivate "three-way talents" who are fluent in law, proficient in foreign languages and economics. In more than ten years of court work, Xu Wei has meticulously tried all kinds of cases, equally protecting the legitimate rights and interests of Chinese and foreign entities, and embodying the chinese judicial position of respecting international practices and trading rules. What is valuable is that while doing her job well, she took the initiative to study the rules of international financial judicial adjudication, organized translation research, and conveyed The voice of Chinese adjudication to the international community, which fully reflected her professionalism, international vision, mission and love for the work of the court. As a teacher, I am very pleased.
Shanghai is the forefront of reform and opening up. As the first financial court in China, the Shanghai Financial Court shoulders the mission of promoting the implementation of the national financial strategy, improving the financial adjudication system, creating a good financial legal environment, and promoting the healthy development of the economy and finance. It is hoped that Xu Wei will continue to exert his expertise in his future work, use what he has learned to safeguard national interests, serve social and economic development, and be a guardian of fairness and justice.
Source| Shanghai Financial Court
Author: Wang Xianle, Wu Bin
Photograph: Chen Wei
Responsible Editor | Zhang Qiaoyu
Statement| please indicate that it is from the "Shanghai High Court"