涉外法治建设
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全省首个!中山法院发布国际与区际司法协助白皮书
Nan Fang Du Shi Bao· 2025-12-25 11:37
Core Viewpoint - The report titled "International and Inter-regional Judicial Assistance Work Practice Report (2020-2024)" released by the Zhongshan Intermediate People's Court outlines the achievements and typical cases of judicial assistance over the past five years, providing a "Zhongshan model" for efficient cross-border judicial cooperation and high-level opening-up [1]. Summary by Relevant Sections - The report comprehensively reviews the judicial assistance work of the city's courts since 2020, addressing issues such as the improvement of international judicial assistance mechanisms, optimization of inter-regional judicial assistance arrangements, collaboration in foreign-related legal services, and training of foreign-related judicial personnel [2]. - The report highlights four significant characteristics of judicial assistance work: a notable increase in special judicial assistance cases, continued reliance on entrusted delivery as the main form, and a focus on marriage and family cases as well as inter-regional judicial assistance [2]. - In terms of case types, special judicial assistance cases have significantly increased, with 53 out of 57 cases of recognition and enforcement of judgments being recognized, resulting in a recognition rate of 92.98%. Additionally, 430 entrusted delivery cases accounted for 74.39% of the total, indicating that entrusted delivery remains the primary method [2]. - Marriage and family cases, totaling 105, represent 18.17% of the cases, primarily involving property division and child custody issues in cross-border marriages between Guangdong, Hong Kong, and Macau, reflecting Zhongshan's geographical proximity to these regions [2]. - The court has successfully delivered documents for foreign courts with a success rate of nearly 60% and a 50% success rate for investigations, demonstrating significant improvements in the efficiency and effectiveness of judicial assistance [3]. - Zhongshan Court has introduced several innovative measures to enhance the quality and efficiency of judicial assistance, including the "foreign-related judges + Hong Kong and Macau invited mediators" model and the establishment of dedicated service windows for Hong Kong and Macau [4]. - The report proposes five areas for future improvement, including enhancing international judicial assistance mechanisms, optimizing inter-regional arrangements, establishing a diversified dispute resolution system, creating a multi-departmental collaborative model, and accelerating the training of foreign-related judicial talent [4]. - The release of the report is seen as a practical exploration of the requirements for foreign-related legal construction, with a commitment to equal protection of the legal rights of both domestic and foreign parties, and a focus on deepening cross-border judicial cooperation [5].
推动平安北京建设力量下沉
Bei Jing Qing Nian Bao· 2025-12-21 18:39
Core Viewpoint - The 20th Central Committee of the Communist Party of China emphasizes the modernization of the national security system and capabilities, aiming to build a higher level of a safe China and ensure social order and vitality [1] Group 1: Public Safety and Governance - The Beijing municipal political and legal committee reported that since the operation of comprehensive governance centers, over 185,000 citizens have been received through calls, letters, and visits [2][3] - The establishment of "Safe Campus" and "Safe Hospital" initiatives, along with the promotion of smart community construction, reflects the commitment to grassroots safety [2] - The "Chaoyang Masses" and "Xicheng Aunties" have become notable brands in the Safe Beijing initiative, with various community members actively participating in safety efforts [2] Group 2: Law Enforcement and Judicial Efficiency - The Beijing police have achieved a 20-year low in criminal case filings, with a decreasing trend in non-contact fraud cases [4] - The implementation of "one-window" services has streamlined 162 public security service items, with over 90% available for online processing [4] - The average case resolution time for commercial disputes has been reduced to 62.2 days, with over 1.1 million commercial cases concluded in the past five years [7] Group 3: Legal Services and Community Support - The Beijing judicial bureau has provided 12.86 million legal services over five years, enhancing access to legal protection for citizens [8] - The establishment of the Beijing International Commercial Arbitration Center has positioned Beijing as a leading venue for international commercial dispute resolution, with a significant share of national arbitration cases [8]
这个平台,为企业“出海”贴心服务
Xin Lang Cai Jing· 2025-12-19 23:34
Core Viewpoint - The establishment of the Extraterritorial Criminal Law Clarification Platform in Xiamen is a significant step in enhancing foreign-related legal services, supporting enterprises in their international operations, and addressing the practical needs of foreign-related prosecution and legal research [5][6]. Group 1: Platform Overview - The Extraterritorial Criminal Law Clarification Platform was initiated in September 2024 and has compiled legal materials from 21 countries, creating a bilingual database and a series of 36 bilingual volumes [6]. - The platform serves as a vital tool for legal practitioners, providing easy access to comparative criminal laws and procedures across different countries [7]. Group 2: Practical Applications - The platform can be accessed online through various channels or visited in person at the Xiamen Central Legal Service Center, aiding in the accurate determination of case facts in foreign-related prosecutions [6][7]. - It has already assisted in successfully handling multiple foreign-related cases, demonstrating its practical utility for legal professionals [6]. Group 3: Collaboration and Development - The platform is a product of collaboration between the Xiamen Municipal Procuratorate and other local agencies, aiming to enhance legal services for enterprises venturing abroad [7][8]. - Future plans include continuous upgrades to the platform's functionality and expanding its influence to better serve cross-border trade and investment [8].
最高法发布修改后的《民事案件案由规定》 明年1月1日起施行
Jing Ji Guan Cha Wang· 2025-12-17 02:11
Core Viewpoint - The Supreme People's Court has announced the third amendment to the "Civil Case Cause Regulations," which will take effect on January 1, 2026, aimed at facilitating civil litigation and standardizing the civil filing, trial, and judicial statistics work of the people's courts [1] Group 1: Amendments Overview - The revised "Civil Case Cause Regulations" includes a total of 1,055 causes, categorized into 12 first-level causes, 59 second-level causes, 514 third-level causes, and 470 fourth-level causes [1] Group 2: Specific Areas of Focus - The amendments enhance causes related to data and virtual property to support the development of new productive forces [1] - The regulations improve causes related to competition disputes and commercial disputes to promote a law-based business environment [1] - The amendments refine maritime and shipping-related causes to strengthen foreign-related legal construction, in line with maritime trial practices [1] - The regulations address causes related to rural collective economic organizations and farmers' cooperatives to support comprehensive rural revitalization [1] - The amendments include causes that focus on new employment forms and the protection of the rights of the elderly, responding to urgent public needs [1] - The regulations enhance causes related to environmental resources to support the construction of a beautiful China [1]
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]