涉外法治建设
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加强涉外法治体系和能力建设的要旨与举措(深入学习贯彻习近平新时代中国特色社会主义思想)
Ren Min Ri Bao· 2025-10-28 22:30
Core Viewpoint - The construction of foreign-related rule of law is essential for China's modernization and high-level opening up, addressing international legal risks and challenges while promoting global governance [1][2][8]. Group 1: Importance of Foreign-related Rule of Law - Strengthening foreign-related rule of law is crucial for creating a favorable legal environment for reform, development, and stability [1][4]. - The emphasis on foreign-related rule of law reflects the need to respond to the increasing complexity of international relations and legal disputes [3][8]. - The integration of domestic and foreign legal frameworks is necessary to safeguard national sovereignty and interests [4][10]. Group 2: Strategic Layout and Development - A systematic and comprehensive strategic layout for foreign-related rule of law is required to effectively address the challenges posed by the changing global landscape [2][8]. - The development of a robust legal framework in foreign-related areas is essential for enhancing China's international competitiveness and legal standing [9][13]. - The establishment of a collaborative mechanism for legislation, enforcement, and legal services in foreign-related matters is vital for achieving a coordinated approach [8][12]. Group 3: Response to Global Changes - The current global environment, characterized by unilateralism and protectionism, necessitates a proactive approach to foreign-related legal practices [10][11]. - China's commitment to multilateralism and international law is crucial for maintaining global order and promoting common interests [10][14]. - The focus on enhancing legal capabilities in response to external pressures is a key aspect of China's foreign-related legal strategy [9][11]. Group 4: Cultural and Historical Context - The integration of traditional Chinese legal culture into foreign-related legal practices enriches the approach to international cooperation and governance [14]. - The emphasis on dialogue and consensus-building reflects a commitment to peaceful resolution of disputes and collaborative governance [14][10]. - The establishment of institutions like the International Mediation Center demonstrates China's innovative approach to global legal challenges [14].
证监会:立法先行构建涉外法治 为资本市场双向开放“立规矩”
2 1 Shi Ji Jing Ji Bao Dao· 2025-10-28 14:30
Core Viewpoint - The China Securities Regulatory Commission (CSRC) is accelerating the construction of a foreign-related legal system to support the stable development of the capital market in an open environment, emphasizing the importance of legal frameworks for high-quality development and risk management [1][5]. Group 1: Achievements in Capital Market Opening - During the "14th Five-Year Plan" period, significant progress has been made in the dual opening of the capital market, with over 2,922 stocks included in the Shanghai and Shenzhen Stock Connect, accounting for more than 90% of the total market capitalization of A-shares [1]. - The number of qualified foreign institutional investors has exceeded 900, indicating sustained international interest in China's capital market [1]. Group 2: Regulatory Innovations for Overseas Listings - The CSRC has optimized the regulatory framework for domestic companies seeking to list abroad, completing 296 registrations for overseas listings by September 30, 2023, with 109 of these being technology companies [2]. - The introduction of offshore A-share derivative products, including the first A-share index futures in Hong Kong, has facilitated risk management for international investors [2]. Group 3: Cross-Border Regulatory Cooperation - The CSRC has signed cooperation memorandums with 67 countries and regions to enhance cross-border regulatory collaboration, addressing challenges in evidence standards and cross-border auditing [3]. - The need for a balanced approach to cross-border regulation is emphasized, ensuring that domestic regulatory bodies neither underperform nor overreach [2][3]. Group 4: Legal Framework and Judicial Support - The CSRC is focused on optimizing the judicial collaboration mechanism to enhance the efficiency of foreign-related trials and to handle significant international cases that advance the rule of law [3][4]. - Legislative measures, including the Securities Law and Futures and Derivatives Law, have been established to provide a clear legal basis for cross-border enforcement and jurisdiction [4]. Group 5: Risk Management and Financial Innovation - The CSRC highlights the importance of balancing financial innovation with risk prevention, particularly in the context of rapidly evolving financial technologies [3][5]. - The commission stresses the need for a robust risk control framework to prevent external risks and ensure the high-quality development of the capital market [5][6].
中国证监会:完善资本市场涉外法治体系 营造良好涉外法治环境
Xin Hua Cai Jing· 2025-10-28 09:00
Core Viewpoint - Strengthening foreign-related legal construction is essential for advancing deep reforms and high-level opening-up, as well as for maintaining security and addressing external risks [1] Group 1: Legislative Initiatives - Emphasis on legislative primacy as a prerequisite for good governance, with a focus on enhancing the legal framework for capital markets, particularly in light of complex international changes [2] - The China Securities Regulatory Commission (CSRC) plans to advance foreign-related legislation systematically, prioritizing urgent needs and establishing a transparent and comprehensive legal system for capital markets [2] Group 2: Cross-Border Regulatory Cooperation - The rapid development of overseas financing and capital flows necessitates improved cross-border regulatory collaboration, ensuring that domestic regulatory bodies do not underperform or overreach [3] - The CSRC aims to strengthen communication and cooperation between domestic and foreign regulatory bodies, holding issuers and intermediaries accountable while maintaining a zero-tolerance policy for cross-border violations [3] Group 3: Judicial Support - The long-term stability and healthy development of capital markets rely on judicial support, with a focus on optimizing foreign-related trial mechanisms and enhancing the efficiency of foreign-related judicial work [4] - The recent decisions from the 20th Central Committee highlight the importance of foreign-related legal construction within the broader context of the socialist legal system with Chinese characteristics [4] Group 4: Current Regulatory Framework - The CSRC has established foundational regulations for overseas listings and cross-border transactions, creating a more transparent and predictable institutional environment for domestic enterprises [5] - As of now, the CSRC has signed cooperation memorandums with 67 countries and regions, enhancing collaboration with foreign enforcement agencies to facilitate overseas law enforcement [5]
园区市监局查处商标侵权案入选“市涉外法治建设十大典型案例”
Su Zhou Ri Bao· 2025-10-22 00:58
Core Viewpoint - The case of trademark infringement against "EDWARDS" has been recognized as a significant legal case in Suzhou, highlighting the effectiveness of market regulation and enforcement in protecting intellectual property rights [1] Group 1: Case Recognition - The case has been selected as one of the "Top Ten Typical Cases of Foreign-related Legal Construction in Suzhou for 2024" [1] - It has also been recognized as a typical case in the "Iron Fist" action for handling civil cases in Jiangsu Province for 2024 and as a typical case for administrative protection of intellectual property rights in Jiangsu Province [1] - Additionally, it has been included in the "Yangtze River Delta Law Enforcement Cooperation Case Compilation" [1] Group 2: Investigation and Enforcement - The investigation was initiated based on a report from the trademark rights holder in 2023, leading to a surprise inspection of the involved party's warehouse [1] - The market regulation bureau collaborated with the Ningbo market regulation enforcement team to prevent evidence tampering and product transfer [1] - Various methods were employed for evidence collection, including electronic forensics and synchronized online and offline transaction investigations, overcoming challenges posed by modern trade practices [1] Group 3: Impact on Business Environment - The enforcement actions have significantly deterred trademark infringement in the equipment refurbishment sales sector, providing a legal safeguard for businesses [1] - The case serves as a practical example for encouraging enterprises to engage in international trade, thereby enhancing their competitive edge and market expansion [1] - Following the case resolution, the rights holder, Edwards Limited, expressed gratitude to the enforcement personnel, indicating positive relations between businesses and regulatory authorities [1]
“金杜沪航国际论坛:涉外法治营商国际论坛”在上海成功举办
Jing Ji Guan Cha Wang· 2025-10-17 11:40
Core Insights - The "Jindu Huhang International Forum: International Forum on Foreign-related Legal Business" was successfully held in Shanghai, focusing on enhancing foreign-related legal construction and supporting enterprises going abroad [1][4] - A new comprehensive strategic cooperation agreement was signed between the Changning District Government and Jindu Law Firm, aiming to create a market-oriented, legal, and international business environment [1][4] - The establishment of the Jindu China Enterprises Going Abroad Legal Research and Cooperation Exchange Center marks a significant step in building a legal business environment and serves as a demonstration platform for foreign-related legal construction in the Greater Hongqiao area [1][4] Event Highlights - Key figures from government, academia, and legal sectors attended the forum, including leaders from the Changning District and Jindu Law Firm, with nearly 300 guests participating [2][3] - The forum featured speeches from prominent leaders emphasizing collaboration in various fields such as aviation dispute resolution, intellectual property protection, and legal talent cultivation [3][4] - The forum included sub-forums focusing on topics like "enterprises going abroad," "artificial intelligence and cross-border intellectual property protection," and "financial innovation and openness," fostering constructive discussions and consensus [4][5] Strategic Implications - The successful hosting of the forum signifies a new starting point for Jindu Law Firm in aligning with national strategies and deepening its engagement in Changning [4][5] - Changning aims to further collaborate with law firms, enterprises, and think tanks to enhance the legal support for outbound enterprises and international intellectual property layout, injecting strong legal momentum into the "Greater Hongqiao" national strategy [5]
省政协“建设粤港澳大湾区国际一流仲裁机构”专题协商会召开 林克庆主持为加快建设国际一流仲裁机构贡献智慧力量
Nan Fang Ri Bao Wang Luo Ban· 2025-10-14 02:06
Core Points - The meeting focused on building an international first-class arbitration institution in the Guangdong-Hong Kong-Macao Greater Bay Area to support high-level opening-up and high-quality development [1][2] - The importance of enhancing the credibility and international competitiveness of arbitration in the Greater Bay Area was emphasized, as it plays a crucial role in promoting a market-oriented, law-based, and international business environment [2] Group 1 - The meeting was chaired by Lin Keqing, the chairman of the Provincial Political Consultative Conference, and included reports from various officials and active discussions among participants [1][4] - The Provincial Justice Department provided a situation report, and the Social and Legal Affairs Committee presented a research report, highlighting the need for collaboration and consensus-building [1][2] Group 2 - Lin Keqing pointed out that the Greater Bay Area, being one of the most open and economically vibrant regions in China, has a significant responsibility to enhance the country's arbitration credibility and international competitiveness [2] - The meeting called for the transformation of the unique advantages of the Greater Bay Area into core competitiveness, promoting unified arbitration service standards and establishing mechanisms for cross-border recognition and enforcement of arbitration awards [2]
国际商事法庭高质量发展有了“路线图”
Ren Min Wang· 2025-09-26 01:30
Core Viewpoint - The Supreme People's Court of China has released guidelines aimed at enhancing the development of international commercial courts and improving the judicial framework to support high-level foreign openness and the Belt and Road Initiative [1][2]. Group 1: Development of International Commercial Courts - The guidelines represent the first systematic planning for the high-quality collaborative development of international commercial courts at both the Supreme People's Court and local levels [1]. - Since the 18th National Congress, significant decisions have been made to strengthen foreign-related legal construction, leading to the establishment of international commercial courts in various cities including Shenzhen and Xi'an [1][2]. Group 2: Objectives and Mechanisms - The guidelines focus on five key areas: ensuring high-quality development of the Belt and Road Initiative, innovating the trial mechanism, promoting diversified dispute resolution, enhancing the reserve of foreign-related legal talent, and deepening international judicial cooperation [2][3]. - Specific innovations in the trial mechanism include optimizing jurisdiction for foreign-related commercial cases, improving case management, and enhancing litigation convenience [2]. Group 3: Dispute Resolution and Talent Development - A highlight of the guidelines is the improvement of multi-faceted dispute resolution mechanisms, including establishing judicial confirmation for international commercial mediation agreements and enhancing cooperation with international organizations [3]. - The guidelines emphasize the importance of foreign-related legal talent, proposing measures to strengthen talent reserves and promote the professional development of international commercial courts [3]. Group 4: International Judicial Cooperation - The guidelines outline mechanisms for judicial assistance, case sharing, and legal application exchanges, aiming to strengthen collaboration with international organizations such as the WTO and UNCITRAL [4]. - The Supreme People's Court plans to utilize resources from international commercial court cases to promote typical cases and judicial rules to international organizations, thereby enhancing China's narrative in foreign-related legal matters [4]. Group 5: Typical Cases Related to the Belt and Road Initiative - The fifth batch of typical cases related to the Belt and Road Initiative has been released, covering various legal issues such as independent guarantees and the recognition of foreign court judgments [5]. - These cases aim to provide clear guidance on legal principles and reflect China's proactive stance in international economic cooperation and judicial assistance [5].
“法治福田”系列专题讲座邀黄惠康教授主讲
Sou Hu Cai Jing· 2025-09-12 14:47
Core Viewpoint - The lecture emphasized the importance of strengthening foreign-related legal construction as a necessary requirement for comprehensive rule of law in China, essential for high-level opening up and addressing external risks, and crucial for national rejuvenation and long-term development [3][5]. Group 1: Legal Framework and International Engagement - The lecture highlighted the new requirements for foreign-related legal construction, advocating for advancing high-level opening up within a legal framework [1]. - Huang Huikang, the professor, discussed the historical context and significance of enhancing foreign-related legal construction in light of global changes [3]. Group 2: Challenges and Strategies for Enterprises - Huang provided practical case studies on the legal risks and response strategies for enterprises going abroad, focusing on compliance and cross-border dispute resolution [5]. - He stressed the need for enterprises to strengthen compliance awareness and risk prevention systems while utilizing legal tools to protect their rights [5]. Group 3: Local Government Initiatives - The event illustrated the efforts of the Futian District in promoting foreign-related legal construction and nurturing legal talent [9]. - Futian District aims to integrate quality resources and continuously conduct thematic activities to enhance the legal environment for businesses [9].
提升新片区涉外法治水平 上海国际商事法庭临港巡回审判站启用
Jie Fang Ri Bao· 2025-08-30 02:19
Group 1 - The Shanghai International Commercial Court's new circuit trial station aims to enhance the efficiency and convenience of international commercial dispute resolution in the Lingang New Area [1][2] - A cooperation agreement was signed by five entities to establish a one-stop multi-dispute resolution mechanism, focusing on the integration of litigation, arbitration, and mediation processes [1] - The court released a special analysis report on foreign-related commercial disputes involving enterprises in the Lingang New Area, covering 1,597 cases from 2019 to 2025, with a focus on key industries such as integrated circuits, biomedicine, shipping logistics, and digital economy [1] Group 2 - The circuit trial station provides judicial services closer to businesses, reducing time and costs for parties involved in litigation, thus supporting the concentrated development of key industries in the new area [2] - The Shanghai International Commercial Court plans to regularly engage with the Lingang New Area to align judicial services with industrial development and institutional innovation needs [2] - The initiative is expected to serve as a robust "legal engine" for the development of the Lingang New Area, enhancing the region's foreign-related legal service capabilities [2]
第五届海丝中央法务区论坛将在厦门举办
Zhong Guo Xin Wen Wang· 2025-08-29 09:14
Core Points - The fifth Maritime Silk Road Central Legal Zone Forum will be held in Xiamen from September 7 to September 8, as part of the 25th China International Fair for Investment and Trade [1] - The theme of the forum is "Rule of Law Safeguards, Steady Progress - Co-creating a New Chapter in Maritime Silk Road Legal Construction," featuring subtopics such as "Integration of Law and Business to Promote International Cooperation in Supply Chains" and "AI Empowering Legal Service Innovation" [1] - The forum will invite renowned experts, international organizations, and representatives from legal service sectors, emphasizing high professional standards and strong market-oriented characteristics [1][2] Industry Development - Xiamen has positioned the construction of the Maritime Silk Road Central Legal Zone as a key component for accelerating urban development transformation and creating a new development pattern [2] - The legal zone focuses on internationalization and marketization, highlighting three features: Maritime Silk Road, BRICS, and cross-strait integration [2] - During the forum, the "Special Arbitration Rules for the Maritime Silk Road" and the first recommended list of special arbitrators for the Maritime Silk Road International Arbitration Promotion Center will be released [2]