涉外民商事裁判

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与国际规则接轨,打造跨国商事争端解决优选地
第一财经· 2025-07-25 03:09
Core Viewpoint - The increase in foreign-related civil and commercial cases in China reflects the strengthening of the country's international business environment, showcasing the effectiveness of judicial protection for both domestic and international market participants [1][2]. Group 1: Judicial Data and Trends - In the first half of 2025, Chinese courts received 20,000 foreign-related civil and commercial cases, a 52% increase year-on-year [1]. - The recognition and enforcement of Chinese judicial decisions in foreign jurisdictions are on the rise, with 319 foreign civil and commercial judgments recognized in China last year, marking an 11.2% increase [3]. Group 2: Policy and Institutional Support - The Chinese government emphasizes the importance of enhancing foreign-related civil and commercial case adjudication, as highlighted in the Central Committee's recent guidelines [2]. - The establishment of specialized international commercial courts, such as the Shanghai International Commercial Court, has significantly increased the volume of cases handled, indicating a growing focus on international commercial dispute resolution [4]. Group 3: Challenges and Future Directions - To become a preferred location for international commercial dispute resolution, China must align its adjudication rules with international standards and enhance the credibility and enforceability of its judgments [5]. - There is a need for a robust talent pool to support the development of the adjudication system, as the current shortage of qualified personnel is a limiting factor [4][5].
一财社论:与国际规则接轨,打造跨国商事争端解决优选地
Di Yi Cai Jing· 2025-07-24 14:19
Core Viewpoint - The Chinese judiciary is enhancing its international commercial dispute resolution capabilities, as evidenced by a significant increase in foreign-related civil and commercial cases, reflecting a commitment to building a market-oriented, law-based, and international business environment [1][2]. Group 1: Judicial Data and Trends - In the first half of 2025, Chinese courts accepted 20,000 foreign-related civil and commercial cases, a year-on-year increase of 52% [1]. - The recognition and enforcement of foreign civil and commercial judgments in China reached 319 cases last year, marking an 11.2% increase [3]. Group 2: Policy and Strategic Initiatives - The Central Committee emphasized the need to strengthen international commercial trial work and improve the connection with international mediation and arbitration mechanisms [2]. - The establishment of the Shanghai International Commercial Court has led to a significant volume of cases, equivalent to the annual caseload of two intermediate courts [4]. Group 3: Talent Development and System Construction - There is a recognized shortage of specialized talent in the field of foreign-related civil and commercial adjudication, which is a limiting factor for the system [5]. - The judiciary aims to create conditions for foreign-related adjudicators to participate in international legal exchanges and recommend qualified personnel to international organizations [5].