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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]