国际商事纠纷解决
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金观平:进一步夯实对外开放法治根基
Jing Ji Ri Bao· 2025-11-10 07:41
Core Viewpoint - The Supreme People's Court has issued opinions to enhance the construction of international commercial courts, aiming to improve the quality and efficiency of foreign-related commercial trials, thereby supporting high-level opening-up and the Belt and Road Initiative [1][2] Group 1: Development of International Commercial Courts - The establishment of international commercial courts in Shenzhen and Xi'an in 2018 marked a significant step, followed by 16 intermediate people's courts in cities like Suzhou, Beijing, and Shanghai since 2020 [1] - These courts aim to create a new mechanism for resolving international commercial disputes and provide high-quality legal services to both domestic and foreign parties [1] Group 2: Legal Environment and Judicial Efficiency - A law-based business environment is essential for foreign investment, focusing on equal protection of the legal rights of both domestic and foreign parties [1] - There is a need to enhance the effectiveness of foreign-related judicial processes by improving jurisdiction mechanisms and case management systems [1][2] Group 3: Multi-faceted Dispute Resolution Mechanisms - The complexity and high costs of cross-border litigation necessitate the establishment of more efficient dispute resolution mechanisms, including video witnessing and standardized case management [2] - The diversity in legal systems and cultures among international commercial participants requires the development of a robust dispute resolution service framework [2] Group 4: Legal Guidance and Standardization - The Supreme People's Court's opinions aim to provide legal guidance and risk alerts for foreign-related enterprises, facilitating the selection of dispute resolution methods [2] - Standardization of commonly used judicial documents and litigation procedures in English is also emphasized to enhance accessibility for international participants [2]
进一步夯实对外开放法治根基
Jing Ji Ri Bao· 2025-11-07 22:10
Core Viewpoint - The Supreme People's Court has issued opinions to enhance the construction of international commercial courts, aiming to improve the quality and efficiency of foreign-related commercial trials, thereby supporting high-level opening-up and the Belt and Road Initiative [1][2]. Group 1: Development of International Commercial Courts - The establishment of international commercial courts in Shenzhen and Xi'an in 2018 marked the beginning of a new phase in foreign-related judicial trials in China [1]. - Since 2020, 16 intermediate people's courts in cities such as Suzhou, Beijing, Chengdu, Xiamen, Shanghai, and Chongqing have set up international commercial courts, creating a new mechanism for resolving international commercial disputes [1]. - These courts aim to provide high-quality legal services and establish a "one-stop" dispute resolution center for both domestic and foreign parties [1]. Group 2: Legal Environment and Judicial Efficiency - A law-based business environment is essential for foreign trade, and the focus of foreign-related judicial construction is on equal protection of the legitimate rights and interests of both domestic and foreign parties [1]. - To adapt to the new trends of expanding opening-up, there is a need to enhance the efficiency of foreign-related judicial processes within the legal framework [1]. - Innovations in jurisdiction mechanisms, case management, and the application of international treaties and practices are proposed to facilitate smoother dispute resolution and more efficient litigation services [1][2]. Group 3: Multi-faceted Dispute Resolution Mechanisms - The complexity and high costs of cross-border litigation necessitate the establishment of more efficient dispute resolution mechanisms [2]. - Courts are adopting measures such as video witnessing to improve the efficiency of evidence transfer and authorization processes [2]. - A comprehensive service guarantee mechanism for dispute resolution is being developed, including the judicial confirmation of international commercial mediation agreements [2]. Group 4: Legal Guidance and Standardization - The Supreme People's Court's opinions aim to provide legal guidance and risk alerts for foreign parties and enterprises venturing abroad [2]. - Standardized model clauses for jurisdiction in foreign-related agreements are being developed to facilitate dispute resolution choices for parties involved [2]. - The initiative seeks to create a fair, efficient, and distinctive international commercial dispute resolution framework, reinforcing the legal foundation for opening-up [2].
最高法:研究起草数据产权司法保护意见,妥善处理数据纠纷
Nan Fang Du Shi Bao· 2025-08-08 06:26
Group 1 - The Supreme People's Court issued guidelines to implement the Private Economy Promotion Law, focusing on the judicial protection of data property rights and the resolution of data rights disputes to promote efficient circulation and trading of data elements [1][2] - The guidelines emphasize the need to correct disproportionate administrative penalties against private economic organizations and strengthen judicial efforts against monopolistic and unfair competition practices [2][3] - The guidelines aim to address issues related to overdue payments to private economic organizations, particularly small and medium-sized enterprises, ensuring timely payment of debts [2][3] Group 2 - The guidelines propose measures to combat internal corruption within private economic organizations, including the issuance of guiding cases and promoting legal awareness [3][4] - The guidelines call for the establishment of a one-stop international commercial dispute resolution mechanism to facilitate cross-border commercial mediation, supporting private economic organizations in participating in the Belt and Road Initiative [3][4] - The guidelines stress the importance of judicial protection of property rights and the need to rectify wrongful cases involving enterprises, ensuring strict adherence to legal procedures [4]