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On September 23, the 4th Beijing-Tianjin-Hebei Judicial Forum, hosted by the Supreme People's Court, undertaken by the Beijing Municipal High People's Court, and co-organized by the Tianjin Municipal High People's Court and the Higher People's Court of Hebei Province, was held in Beijing. In this forum, around the three unit topics of "integration of high-quality judicial services and judicial cooperation in Beijing-Tianjin-Hebei", "innovative path of Beijing-Tianjin-Hebei judicial cooperation mechanism in the new era", and "thinking and exploration of the construction of Beijing-Tianjin-Hebei court service guarantee free trade zone", the representatives, experts and scholars, and court cadres and policemen attending the forum fully elaborated and discussed. Wangshijun brought live reports, come and watch!
Unit 1
High-quality judicial services are integrated with judicial cooperation in Beijing, Tianjin and Hebei
Moderator Liu Shuangyu, vice president of the Beijing Municipal High People's Court
Topic 1: Analysis of the Approach to High-quality Development Practice of the Beijing-Tianjin-Hebei Regional Court: From the Perspective of Strengthening the Construction of Professional Trial Teams
Beijing Second Intermediate Court Long Li
Advancing trial specialization is an important part of achieving the high-quality development of people's courts, and the construction of professional trial teams has become an important basis for promoting the development of trial specialization. In recent years, courts at all levels in the Beijing-Tianjin-Hebei region have conscientiously implemented the reform requirements, actively explored the formation of flexible and diverse trial teams, and effectively taken into account the actual differences between courts in different regions and levels. With the goal of promoting the high-quality development of courts and exploring realistic approaches to the improvement and development of professional adjudication teams, specific consideration should be made from four dimensions: specialization of case types under jurisdiction, specialization of adjudicators, play of special professional roles, and handling of the relationship between norms and characteristics. Construct professional trial teams on the basis of the number of cases and the degree of concentration, the degree of case specialization as the basis for necessity, the special judicial needs of the region as the basis for probability, and the adjudication business experts as the basis for superiority, highlighting the "professional" characteristics of professional adjudication teams, promoting the scientific establishment and improvement of professional adjudication teams in courts at all levels in the Beijing-Tianjin-Hebei region, and promoting the realization of the high-quality development goals of the people's courts.
Topic 2: Obstacles and Paths to The Unification of Judicial Discretionary Measures in Beijing, Tianjin and Hebei: Taking the Case of "Vehicle Co-ordination" in Traffic Accidents as an Example
Tianjin Third Intermediate Court Zheng Changming
With the integrated development of Beijing-Tianjin-Hebei and the planning and construction of Xiong'an New Area in full swing, the cooperation between Beijing-Tianjin-Hebei judicial cooperation in the stage of case filing and enforcement has achieved gratifying results and benefited the broad masses of the people. At the trial stage, cases with regional linkage characteristics and greater social impact, such as foreign-related maritime and maritime affairs, environmental resources, and intellectual property rights cases, are also carrying out the construction of trial specialization, which has effectively promoted the unification of judicial adjudication. In trial practice, for some cross-regional and new types of cases within the Scope of Beijing, Tianjin and Hebei, there are still situations with different adjudication standards. Based on the existing Beijing-Tianjin-Hebei judicial cooperation framework, the three places can promote the unification of judicial discretionary measures in Beijing-Tianjin-Hebei from the aspects of strengthening communication and coordination between the courts of the three places, improving the judicial adjudication rule system, and giving play to the role of courts in judicial advice.
Topic 3: Research on the Litigation Service System for Case Filing and Litigation under the Background of Judicial Integration in Beijing, Tianjin and Hebei
Hebei Handan Congtai District Court Wang Lianbin
In order to thoroughly implement Xi Jinping Thought on the Rule of Law, strive to provide the people with inclusive and equal, convenient and efficient, intelligent and accurate public services, and achieve the development goal of "faster, higher, stronger and more united" in the integration of litigation services in Beijing, Tianjin and Hebei, we must face up to the problems that exist in the integration process of litigation services in Beijing, Tianjin and Hebei, such as the system that has yet to be improved, the functions have not yet been fully carried out, the construction process of smart courts is not uniform, and the assessment system has not yet been established. On the basis of in-depth research, we plan the future development path of the integration of litigation services in Beijing, Tianjin and Hebei, one is from information sharing to standardization construction, providing the masses with a faster litigation service experience; the second is from optimizing the structure to system construction, so as to achieve higher and deeper exchanges and cooperation in litigation services; the third is from single service to intensive development, and continue to promote more powerful litigation service functions; fourth, from judicial cooperation to integrated construction, to achieve a more united Beijing-Tianjin-Hebei integrated litigation service.
Topic 4: Discussion on the Mass Civil Dispute Resolution Mechanism under the Background of Beijing-Tianjin-Hebei Integration: Taking the Construction of the Model Litigation System as the Starting Point
Beijing Shunyi Court He Xingxing
Under the background of the integration of Beijing, Tianjin and Hebei, the discussion of the mass civil dispute resolution mechanism is based on the practice of shunyi courts in carrying out the work of diverting complicated and simple flows and the governance of litigation sources in recent years, summarizing the "three characteristics" of mass civil cases, analyzing the "three major difficulties" in resolving mass disputes, and on this basis, proposing the advantages of the model litigation mechanism and the shortcomings of the current legal system. In the reality of mass civil disputes in China, it is appropriate to adopt a model litigation model of authority, which can be constructed from four aspects: initiation of procedures, selection of model cases, protection of rights, and expansion of the effectiveness of model judgments.
Topic 5: Beware of "Bad Money Expelling Good Money": Exploring the Judicial Cooperation Mechanism for Ensuring Rural Industrial Development from the Perspective of Rural Revitalization in Beijing-Tianjin-Hebei
Zhengding County Court of Hebei Zhao Haichuan
An important pillar of the rural revitalization strategy is the revitalization of the agricultural industry, in the Beijing-Tianjin-Hebei judicial cooperation, it is necessary to adhere to the legal thinking to achieve the "good currency" value of the agricultural industry, to avoid disorderly competition in the process of industrial development, property rights protection and other "bad money" effects. The combination of the Beijing-Tianjin-Hebei coordinated development strategy and the rural revitalization strategy determines the construction of a judicial protection coordination mechanism for the development of the agricultural industry in Beijing-Tianjin-Hebei, which will serve as a new growth point for judicial cooperation in the three places to provide high-quality judicial services. By taking the protection of property rights in agriculture-related industries as the starting point, giving full play to the location advantages of the people's courtrooms in Beijing, Tianjin and Hebei, building a judicial coordination guarantee mechanism, and creating a good agricultural industry development environment for the revitalization of the Beijing-Tianjin-Hebei countryside.
Expert talks
Liu Min, vice president of the First Civil Division of the Supreme People's Court
For further improving the level of judicial cooperation in Beijing, Tianjin and Hebei, I have the following three enlightenments:
First, it is necessary to combine the reform of the functional positioning of the four levels of courts to promote the diversion of complicated and simple cases. The diversion of complicated and simplified cases is a booster for adjusting and optimizing the allocation of judicial resources, and it is necessary to simplify the adjudication documents of simple cases and give full play to the advantages of factor-based and writ-type documents; it is necessary to start with the litigation model and use expedited procedures and small litigation procedures; it is necessary to connect with the diversified solution mechanism and resolve a large number of simple cases at the grass-roots level.
Second, it is necessary to resolve differences in the application of law in a multi-pronged manner and promote the unification of the application of law. While strengthening the construction of specialization, it is necessary to emphasize revolutionization, take a clear-cut stand in stressing politics in work, carry forward the core socialist values, make full use of existing work mechanisms, carry out normalized communication and exchanges, give play to the role of the similar case search system in discovering differences in the application of law, and report problems in the application of law to be resolved step by step after discovering problems in the application of law.
The third is to make full use of the existing achievements in the construction of smart courts, give full play to the role of the information platform, and improve the level of judicial cooperation in Beijing, Tianjin and Hebei.
Guo Xiujiang, vice president of the Administrative Division of the Supreme People's Court
In response to the common issues raised by the five comrades, I would like to share my feelings.
First, in the process of trial team building, attention should be paid to distinguishing between different court levels. At the lower levels, courts can focus more on the construction of ordinary trial teams, without overemphasizing the distinction of professional fields, and resolving a large number of ordinary cases at the grass-roots level. The adjudication teams of high-level courts shall pay more attention to the construction of specialization, resolve major, difficult, and complicated issues, strengthen trial guidance for lower-level courts, and formulate judicial interpretations and policies.
Second, in the process of judges' adjudication, they should accurately grasp the order and rank of the application of law, and correctly handle the relationship between legal rules, legal principles, judicial policies, and socialist core values. For cases involving new business formats, it is necessary to adhere to the adjudication according to law.
The third is to explore the reform of mechanisms such as cross-domain case filing within the existing legal framework, based on the existing litigation system and legal system, reasonably learn from foreign systems, and accurately understand the realization methods and connotations of model litigation in China.
Fourth, it is necessary to correctly understand the connotation of the overall situation of judicial service, achieve the unity of the "three effects" in work, refrain from opposing adjudication according to law with serving the overall situation, adhere to the bottom line of adjudication according to law, give full play to the role of party committees and governments in resolving certain social contradictions, and actively promote the settlement of contradictions and disputes outside litigation.
Sun Youhai, Dean, Professor and Doctoral Supervisor of Tianjin University Law School
The common problems of judicial cooperation in the three regions have yet to be further excavated, and it is necessary to seriously study the unique problems existing in the judicial coordination work of the three regions and propose specific countermeasures to solve them based on China's national conditions. It is necessary to pay more attention to strengthening theoretical research and put forward logical and rigorous reform measures on the basis of full demonstration. It is necessary to understand the accurate connotation of judicial cooperation between the three places in Beijing, Tianjin and Hebei, and strengthen the way to achieve the liaison mechanism for the work of the courts of the three places. In addition, in the coming stage, the courts of the three places should also seriously study how to break the geographical restrictions in the trial of environmental resource cases, administrative cases, maritime and marine environmental pollution and other cases, conduct centralized and professional trials, further promote the unification of adjudication standards for similar cases in the courts of the three places, implement the requirements for judicial coordination at the level of trial enforcement, and promote the development and improvement of relevant laws and judicial interpretations.
Unit 2
An innovative path for the Beijing-Tianjin-Hebei judicial cooperation mechanism in the new era
Moderator Gao Zhen, vice president of Tianjin Higher People's Court
Topic 1: Exploring the Path of Comprehensively Promoting the Application of Blockchain Electronic Depository in the Beijing-Tianjin-Hebei Region: Cited on the 139 judgments published by three Internet courts on the China Judgment Documents Network
Tianjin Hongqiao District Court Liu Chang
In recent years, blockchain electronic deposits have gradually been integrated into the judicial trial work of the courts. For verification of the authenticity of electronic evidence, it is mainly based on article 11 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases by Internet Courts and articles 16 to 19 of the Rules of Online Litigation of the People's Courts. Depending on whether the commercial blockchain depository platform is cross-chain with the court's judicial blockchain, different review modes apply to the electronic data stored in the blockchain. For the problem that data may be tampered with before it is on the chain, it is recommended to build a unified blockchain depository platform and a unified third-party depository platform access mechanism in the Beijing-Tianjin-Hebei region, conduct a record of its legal personality and technical standards, and timely introduce blockchain depository standards to standardize the storage and evidence collection behavior of the third-party depository platform. In addition, it is also recommended to build a blockchain monitoring function in the Beijing-Tianjin-Hebei region, timely feedback the infringement situation to the author and timely consolidate the evidence, so as to reduce the occurrence of infringement from the source.
Topic 2: Innovation of Judicial Cooperation Mechanism in Beijing,399:From the Perspective of Court Civil Enforcement Linkage Collaboration
Hebei Shijiazhuang Intermediate Court Xin Yi
Improving the efficiency of the Beijing-Tianjin-Hebei implementation linkage can start from the following aspects: First, actively obtain the support of government functional departments and social forces. Advance the implementation of systems for limiting consumption and untrustworthiness, strengthen mechanisms for punishing untrustworthiness, and advance the application of systems for lawyers' investigation orders. The second is to improve the court entrusted enforcement system, formulate more detailed rules, expand the scope of matter entrustment, improve the handling standards of matter entrustment, and strengthen supervision and management. The third is to improve the supporting mechanisms for supervision and management and quality and effectiveness assessment, and establish a more scientific supervision and management mechanism and a quality and effectiveness assessment mechanism to supervise and guide.
Topic 3: Innovative Research on the Judicial Synergy Mechanism of Environmental Resources in Beijing, Tianjin and Hebei under the Concept of Green Development: From the Perspective of The Construction of Adjudication Power
Hebei Rongcheng County Court Wu Yunpeng
The protection of the ecological environment is not only an important mission of national development, but also the due meaning of the coordinated development of Beijing, Tianjin and Hebei. The concept of green development and the Beijing-Tianjin-Hebei coordinated development strategy are cross-overlapping, and how to give play to the role of environmental resources adjudication and further improve the adjudication system of environmental resources cases in Beijing-Tianjin-Hebei is the core task of regional ecological collaborative protection. In order to give full play to the governance effectiveness of regional judicial collaboration and make it a key move in regional ecological collaborative governance, it is necessary to innovate the judicial coordination mechanism of environmental resources, and carry out specific development from the aspects of building a trial court system, constructing a collaborative trial model, building a professional trial team, and exploring a trial information sharing model.
Topic 4: Research on Maritime Litigation Facilitation in Beijing-Tianjin-Hebei
Tianjin Maritime Court Song Wenjie
Convenience for the people is an inevitable requirement for practicing the "people-centered" development concept, and it is also an important topic in promoting the coordinated development of Beijing,Tianjin and Hebei to improve the efficiency of resolving cross-regional contradictions and disputes and enhance the level of regional judicial cooperation. The construction of maritime litigation facilitation in Beijing, Tianjin and Hebei should be carried out from the following five aspects: First, build an efficient and convenient maritime cross-regional litigation service mechanism to create an online and offline all-round and modern maritime litigation service system; second, improve the maritime auxiliary judicial mechanism and give full play to the important value of maritime judicial appraisal, expert jury and other mechanisms; third, promote the establishment of cross-regional case filing information sharing and exchange, cross-regional risk prevention and control and safety guarantee mechanisms, and deepen the breadth and depth of maritime judicial cooperation in Beijing-Tianjin-Hebei The fourth is to strengthen maritime judicial reasoning and legal popularization publicity, and enhance the influence and credibility of maritime judicial regions; fifth, strengthen the construction of circuit trial mechanisms, expand the functions and roles of grass-roots organizations of circuit trial points, and enhance the mobile case-handling capacity of circuit trial courts.
Topic 5: Inheritance and Innovation in Court Participation in Rural Governance under the Background of Beijing-Tianjin-Hebei Collaboration: Focusing on the "Fengqiao Experience" in the New Era
Beijing Mentougou Court Zhang Zhe
As the forefront of the judiciary, rural people's courts directly resolve contradictions and disputes at the grass-roots level, and have geographical advantages and professional guarantees in rural social governance. In resolving disputes, people's courts in the new era face multiple challenges, such as subversion of the traditional pattern of dispute resolution, deconstruction of the foundation of the pattern of poor order, intensification of conflicts of jurisprudence and etiquette, limitation of the scope of application of mediation, and weakening of grass-roots governance capabilities. Under the background of the coordinated development of Beijing, Tianjin and Hebei, rural people's courts should learn from the "Fengqiao experience" in the new era and achieve benign social governance through the cooperation and interaction of state power and social forces. The first is to promote the diversification of governance rules by using the core socialist values and social norms to reason, guide the formulation of village rules and civil covenants, and encourage parties to refer to the application of civil society norms in mediation. The second is to efficiently allocate judicial resources through internal reform, improve the connection between litigation and non-litigation dispute resolution mechanisms, extend trial functions with source governance as the orientation, and promote the diversification of dispute resolution mechanisms. The third is to promote the diversification of governance subjects by building a comprehensive governance linkage platform with other functional institutions, guiding community organizations to improve the level of governance and legalization, and innovating the way xinxiangxian participate in governance.
Liu Xuemei, vice president of the Case Filing Division of the Supreme People's Court
The courts of Beijing, Tianjin and Hebei have been able to conscientiously implement the deployment of the Supreme Court, actively participate in social governance, actively integrate into the urban and rural governance system led by the party committee, comprehensively promote the governance of the source of contradictions, and resolve contradictions and disputes at the source and solve them locally, with remarkable results. In the process of promoting the governance of litigation sources and the resolution of disputes in multiple ways, we can learn from Beijing's experience to strengthen the construction of mediation teams, and actively obtain financial support from the local government; learn from the experience of Hebei's litigation-free rural construction, and make good use of social resources for litigation source governance; learn from Tianjin's industry mediation and administrative mediation work experience, and form a mediation synergy with the court. It is necessary to make good use of the people's court mediation platform and improve the new model of online diversified dispute resolution with Chinese characteristics. The courts of Beijing, Tianjin and Hebei should base themselves on their unique location advantages, come up with more excellent theoretical achievements, promote the one-stop construction of people's courts to be more scientific, standardized and long-term, and provide new models and new samples of dispute resolution that meet the trend of the times and the needs of China's judicial practice.
Li Yuping, deputy director of the China Institute of Applied Law
To achieve the coordinated development of Beijing-Tianjin-Hebei, on the one hand, it needs to be achieved through the strategy of judicial collaborative service guarantee, on the other hand, the coordinated development of the judiciary in Beijing-Tianjin-Hebei is also an important part of the coordinated development of Beijing-Tianjin-Hebei. From the perspective of applied legal research, I would like to share with you a few points of experience: First, applied legal research should highlight the pertinence, applied legal research should reflect the pertinence and particularity of the solution; second, applied legal research should highlight the feasibility, reflect in the study to follow judicial laws, in line with the direction and characteristics of the development of the people's courts, especially for the use of emerging technologies to highlight risk assessment; third, to conduct systematic arguments in research, from the legality, existing mechanisms and practices, We will think about the direction of reform from multiple perspectives to make more feasible research results.
Hou Meng, professor and doctoral supervisor of the Law School of Chinese Min University
Regarding the application of blockchain technology in the judicial field, there are currently two ideas: one is whether it is necessary to build a unified national blockchain judicial depository platform, and the other is whether the Supreme People's Court can come forward to formulate a unified blockchain evidence review standard. On the issue of enforcement linkage, it is necessary to do more research on the distribution of the enforcement rate and the number of cases in different places between the courts of the three places. On the issue of environmental judicial cooperation, it is necessary to focus on the proportion of environmental case types in the courts of the three places and explain the reasons, why environmental criminal cases and environmental cases of a certain local court account for the majority. On the issue of maritime litigation, a more detailed study and demonstration of the internal coordination mechanism of the case can be carried out, for example, how different the Coordination between the Beijing-Tianjin-Hebei case and the Ningxia case in Inner Mongolia and Shanxi is, and the relationship between the court headquarters and the dispatched court. On the issue of courts participating in rural governance, some experience summaries and theoretical explorations can be carried out in combination with the local characteristics and practices of specific courts.
Unit 3
Reflections and explorations on the construction of the Beijing-Tianjin-Hebei court service guarantee free trade zone
Moderator Xu Maoming, vice president of the High People's Court of Hebei Province
Topic 1: Research on the Construction of a Diversified Solution Mechanism for Commercial Disputes in the Beijing-Tianjin-Hebei Free Trade Zone: From the Perspective of the Diversified Solution Mechanism for Commercial Disputes in the Tianjin Free Trade Zone
Tianjin Binhai New Area Court Qu Jian
To build a "free trade zone plan" that is in line with the development orientation of the Beijing-Tianjin-Hebei Free Trade Zone and a diversified solution mechanism for commercial disputes, it is necessary to fully consider the situation of commercial dispute cases in the free trade zone, and also to scientifically position the role of judicial services in ensuring the further opening up of the free trade zone. To explore a diversified solution mechanism for commercial disputes that conforms to the development orientation of the Beijing-Tianjin-Hebei Free Trade Zone, it is necessary to start from the following aspects: First, to build a platform, with the construction of professional courts as the starting point, and gradually build a modern one-stop dispute resolution platform; second, to dock with the Belt and Road International Commercial Mediation Center, sign a framework agreement based on the one-stop dispute resolution platform, explore the "court trial + professional mediation" dispute resolution model, and jointly resolve commercial disputes in the free trade zone; third, introduce a diversified commercial dispute resolution workflow and standardized documents. From the perspective of refining and transforming the research results from the institutional level, and from the perspective of improving the national governance system and governance capabilities, it provides a strong judicial guarantee for the innovative judicial reform of the Beijing-Tianjin-Hebei Free Trade Zone and ultimately helping to comprehensively deepen the reform.
Topic 2: Legal Application of Non-Compete Labor Dispute Cases in the Beijing-Tianjin-Hebei Free Trade Zone: A sample of 2,949 cases in the Beijing-Tianjin-Hebei region in the past five years
Beijing Fengtai Court Liu Zhongze
Non-compete disputes are a type of case in which labor disputes are closely integrated with trade secrets and market development, and the difficulty in judging such cases lies in how to make a reasonable judgment between the protection of trade secrets and the free movement of labor, safeguard the free choice of employment rights of workers and actively protect the trade secrets of commercial entities. In the process of handling labor dispute cases involving non-compete issues, it should be measured between safeguarding the employee's right to freely choose a job and ensuring that trade secrets are not infringed, so as to minimize or avoid unreasonable restrictions on the legitimate rights of employees.
Topic 3: Research on Collaborative Governance of Bankruptcy Cases in the Process of Beijing-Tianjin-Hebei Integration
Hebei Baoding Intermediate Courtyard Lu Liang Cong
The construction of a law-based business environment is an inevitable choice to promote high-quality economic development under the new development pattern of "double circulation". The steady advancement of the Beijing-Tianjin-Hebei coordinated development strategy is in line with the current optimization process of the business environment, and also puts forward higher requirements for the people's courts to actively integrate into the new development pattern and promote judicial cooperation in Beijing, Tianjin and Hebei. At present, although the Beijing-Tianjin-Hebei court has preliminary discussion and cooperation on bankruptcy cases, there are still problems such as uneven development, poor connection between various departments, lack of upper-lower linkage and effective rights remedies. It is necessary to explore and improve the linkage mechanism of the courts of the three places, strengthen the coordination of the adjudication and enforcement departments, deepen the linkage between the government and the court, and build a diversified rights relief channel to break the barriers of regional autonomy, promote the comprehensive and coordinated development of Beijing, Tianjin and Hebei, and achieve the goal of a first-class business environment.
Topic 4: Research on judicial safeguards for the development of the digital economy in the Beijing-Tianjin-Hebei region: From the perspective of unifying the adjudication ideas of unfair competition cases in the data market
Beijing Internet Court Fang Xiaokang
The Beijing International Big Data Exchange and the Beijing-Tianjin-Hebei Digital Economy Alliance have successively landed, further promoting the integrated and coordinated development of the Beijing-Tianjin-Hebei region in the field of digital economy. In the context of the digital economy pilot zone, the judicial adjudication rules for unfair competition cases in the data market are related to the development trend of the digital economy in Beijing, Tianjin and Hebei. In the trial practice of unfair competition cases in the data market, following the traditional legal space of rights protection adjudication, it is impossible to effectively solve the problem of data unfair competition brought about by digital space, and judicial adjudicators must use the logic of behavior regulation (sharing and control) in digital space to make judgments. In view of data unfair competition cases, the Beijing-Tianjin-Hebei courts should unify their adjudication ideas, complete the shift in the positioning of the thinking of data unfair competition trials, pay more attention to the competition law standard of the anti-unfair competition law, the protection of market competition, and adopt a dynamic concept of competition; reasonably balance the interests of all parties, strengthen adjudication reasoning, break the judgment problems of unfair competition behavior, accurately define the unfairness of data competition behavior, and provide judicial guarantees for the development of the digital economy in Beijing-Tianjin-Hebei.
Li Mingyi, vice president of the Environmental Protection Division of the Supreme People's Court
Under the framework of the coordinated development of Beijing, Tianjin and Hebei, judicial services are the basic guarantee. The construction of multiple dispute resolution mechanisms shall highlight practical results, and in dispute mediation, case publicity may be strengthened, the parties' behavior can be correctly guided, and disputes can be nipped in the bud. The issue of non-compete restrictions should be combined with national conditions, appropriate judicial evaluation principles should be selected, and personal interests, enterprise interests and social interests should be comprehensively considered, and interests should be balanced. In the process of environmental judicial cooperation, the three places in Beijing, Tianjin and Hebei should strengthen the system concept, consider problems from the perspective of the overall pattern, strengthen cooperation among various regions, and further deepen the relevant mechanisms.
Su Haopeng, member of the Beijing Municipal Committee of the Chinese People's Political Consultative Conference, professor and doctoral supervisor of the Law School of the University of International Business and Economics
The coordinated development of Beijing-Tianjin-Hebei is a national strategy, and judicial coordination is an important part of this strategy. In terms of the construction of the free trade zone, we can continue to deepen the coordination of mechanisms, and the three places can explore the unified issuance of trial guidance documents and the unification of the application of laws in the three places. To discuss the construction of a pluralistic dispute resolution mechanism in the context of the construction of a free trade zone, it is necessary to pay more attention to the role of arbitration, realize the coordination between the judiciary and arbitration, and study and explore how the judiciary supports arbitration. It is necessary to establish institutionalized training of foreign-related adjudication talents in light of the needs of the construction of the free trade zone, and conduct more targeted research on issues such as the identification of foreign laws and the role of foreigners as agents ad litem.
Professor Liang Ping, dean of the Department of Law and Politics of North China Electric Power University
The outstanding feature of the development of the court service guarantee free trade zone is new, in the face of new situations and new problems, it is necessary to innovate trial mechanisms and methods, put more emphasis on the specialization and internationalization of talents, and properly handle the tension between institutional innovation and the current legal system. The diversified solution of commercial disputes in Beijing, Tianjin and Hebei should start from the advantages of each mechanism to meet the different demands of the parties, and start from the operation mechanism to establish a diversified solution mechanism that is connected and progressive in turn, forming a pattern of pluralistic co-governance. Innovation-driven has a primary position in adhering to the new development concept to promote high-quality development, and in the labor market, non-compete restrictions should not become employment restrictions.
Finishing: Kan Daoxiang Li Tianjia
Photo by Cao Lu
Editor: Wang Xi