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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].