涉外法治

Search documents
北京:持续完善涉外法律服务体系
Ren Min Ri Bao· 2025-08-20 22:26
今年3月,第112届全国糖酒商品交易会在成都开幕,吸引来自50余个国家和地区的6600余家企业参展。 会后不久,北京市司法局收到一封来自法国驻华大使馆的感谢信,为会上的高质量公证法律服务点赞。 原来,从2017年起,北京市海诚公证处先后参加8届成都春季糖酒会,通过专业的保全证据等公证服 务,为参展企业提供坚实的法律后盾。法国葡萄酒和烈性酒生产商在展会期间保护商标权益时从中受 益。 "根据《2025年国际仲裁调查报告》,北京在全球最受欢迎仲裁地排名首次跻身全球第四。"北京市司法 局有关负责人表示,近年来北京推动仲裁、公证、律师等行业强化法律服务资源配置,构建全链条、专 业化涉外法律服务"生态圈",助力打造市场化、法治化、国际化一流营商环境。 "我曾在一起涉外案件中被指定为紧急仲裁员。"北京仲裁委员会仲裁员刘京说,这样的程序在国内其实 并不多见。 在这起外国公司股票和控制权争议案中,合同规定适用中国法。当申请人找到北京仲裁委员会后,因权 利保障需求急迫,北京仲裁委员会启动了紧急仲裁员程序。刘京说,北京仲裁委员会创新引入紧急仲裁 员制度,实现了与国际接轨,"让境外当事人更放心地选在北京仲裁。" 北京仲裁委员会自成立 ...
建设国际商事仲裁中心,北京做了些什么?
Sou Hu Cai Jing· 2025-08-08 11:45
"中国企业出海在不断升级,从产品出海到产能出海,再到管理和制度出海,它们在海外遇到的合规调查、争议解决等问题,需要一支高素质的涉外法律人 才队伍作支撑。"国际投资贸易方面的法律专家彭俊表示,最终是要能参与国际规则制定。 诉讼、仲裁、调解,是解决国际商事争议的三大方式。其中,诉讼是以国家公权力来解决纠纷的一种机制。仲裁,则通过双方达成协议,自愿将纠纷交给仲 裁机构作出裁决,一裁终局,更快捷、高效。 这也是为什么姜丽丽说要提升仲裁机构的公信力,"人家在约定把争议交给你裁决的时候不抵触,愿意相信你。" 《中华人民共和国仲裁法》规定:"仲裁委员会独立于行政机关,与行政机关没有隶属关系。仲裁委员会之间也没有仲裁关系。"这是中国仲裁机构独立性的 制度保障,中国仲裁机构由此可以面向市场。北京仲裁委员会是首批依据仲裁法设立的七家仲裁机构之一。 北京仲裁委员会主任郭卫介绍,截至2024年底,北仲受理的案件总数超过93000件,受理案件总标的额超9400亿元。近五年来,年均受理案件量近万件,国 际案件增长尤为显著,年均增长率达24%。 记者了解到,北仲自1995年成立以来案件当事人涉及的国家和地区累计达72个,2020年至202 ...
深刻认识习近平法治思想在实践中的创新发展(深入学习贯彻习近平新时代中国特色社会主义思想·习近平法治思想学习贯彻众论)
Ren Min Ri Bao· 2025-07-13 22:20
Core Views - Xi Jinping's rule of law thought is a scientific, people-oriented, and practical theory that has evolved and developed, contributing original Chinese wisdom and solutions to global legal civilization [1][3]. Group 1: Purpose of Comprehensive Rule of Law - The implementation of comprehensive rule of law is essential for addressing major issues faced by the Party and the state, enhancing social vitality, promoting fairness and justice, and ensuring long-term stability [2]. - Comprehensive rule of law is a fundamental requirement for the development of socialism with Chinese characteristics and represents a profound revolution in national governance [2]. Group 2: Importance of Rule of Law in National Modernization - The rule of law is crucial for national rejuvenation and stability, especially during a period of significant global change and internal reform [3]. - Xi Jinping emphasizes that the rule of law is a vital guarantee for Chinese-style modernization and must be integrated into all aspects of governance and development [3]. Group 3: Path of Rule of Law - The path of socialist rule of law with Chinese characteristics is the only correct path for building a socialist rule of law state, emphasizing the importance of Party leadership and adherence to socialist principles [4][5]. - The Party's leadership and the Constitution's authority are fundamental to the rule of law, ensuring that the governance system remains aligned with socialist values [5][6]. Group 4: Development of the Legal System - The construction of a socialist legal system is a key goal established by the Party's Fourth Plenary Session, aiming to enhance public trust and satisfaction with the legal system [7][8]. - Recent achievements in the legal system must be matched with the growing expectations of the public for good governance and legal fairness [7][8]. Group 5: International Legal Framework - The concept of foreign-related rule of law is a unique contribution of Xi Jinping's legal thought, focusing on enhancing China's influence in international legal affairs [9][10]. - Strengthening foreign-related legal construction is essential for high-level opening-up and addressing external risks, ensuring that China's legal framework aligns with its modernization goals [10]. Group 6: Modernization of Rule of Law - A modernized state must be a rule of law state, with Xi Jinping's legal thought guiding significant changes and achievements in China's legal landscape [11][12]. - The modernization of law in China is characterized by its unique features and principles, reflecting the integration of various modernization elements [12]. Group 7: Party Governance and Legal Framework - The integration of rule of law and party governance is a significant innovation in Xi Jinping's legal thought, emphasizing the importance of regulations in maintaining party discipline and governance [13][14]. - Recent developments in party regulations highlight the need for a robust legal framework to support the Party's long-term governance and stability [14]. Group 8: Research Methodology in Legal Studies - Strengthening legal theory research is crucial, combining Marxist legal theory with Chinese realities and traditional legal culture to develop a unique Chinese legal knowledge system [15][16]. - The methodology proposed by Xi Jinping enhances the understanding of legal governance and the development of legal civilization in China [16]. Group 9: Global Context and Future Directions - The current global landscape emphasizes the importance of legal systems in national competitiveness, necessitating adherence to Xi Jinping's legal thought in advancing comprehensive rule of law [17][18]. - Continuous learning and application of Xi Jinping's legal thought are essential for building a higher level of rule of law in China, supporting the goals of modernization [18].
“十四五”法治建设护航高质量发展,下一个五年如何应对新挑战|“十四五”规划收官
Di Yi Cai Jing· 2025-06-26 12:12
Group 1: Legal Framework for High-Quality Development - The establishment of the "Private Economy Promotion Law" is timely and aims to strengthen the legal protection for the development of the private economy amidst economic pressures [1][2] - The "14th Five-Year Plan" emphasizes the need for comprehensive legal governance, including enhancing the legal environment for private enterprises and improving legislation in key and emerging fields [2][3] - The "Private Economy Promotion Law" highlights principles of "equal treatment" and "fair competition," ensuring that both state-owned and private enterprises are treated equally under the law [2][3] Group 2: Legislative Developments - The "Company Law" underwent a comprehensive revision in 2023, focusing on optimizing corporate governance and enhancing shareholder rights protection [3] - Several laws related to economic high-quality development, such as the "Rural Collective Economic Organization Law" and the "Value-Added Tax Law," have been introduced or revised during the "14th Five-Year Plan" period [3] - New regulations in emerging fields, such as the "Network Data Security Management Regulations," have been established to address issues related to data security and artificial intelligence [4] Group 3: Foreign-related Legislation - The "14th Five-Year Plan" has accelerated the process of foreign-related legislation, with laws like the "Foreign Relations Law" and "Anti-Foreign Sanctions Law" being enacted [6] - As of January 2025, there are 54 specialized foreign-related laws and over 90 foreign-related administrative regulations in effect [6] - The focus of foreign-related legislation is shifting from framework establishment to refining existing rules and addressing specific legislative gaps [6] Group 4: Governance and Regulatory Environment - The "14th Five-Year Plan" outlines the need for a law-based government and emphasizes the importance of administrative law enforcement reform to create a fair business environment [7][8] - Recent initiatives have aimed to standardize administrative penalties and reduce unnecessary inspections on enterprises, thereby alleviating their operational burdens [8][9] - A nationwide campaign has been launched to address issues such as arbitrary fees and inspections, with significant financial recoveries reported for affected businesses [9] Group 5: Future Legal Construction - The upcoming "15th Five-Year Plan" will focus on addressing new challenges in legal construction, particularly in emerging fields like artificial intelligence and digital economy [10][13] - The establishment of a legal framework for artificial intelligence is seen as essential for ensuring high-quality development and safety [10][11] - The need for a coordinated legal governance system that addresses the unique aspects of artificial intelligence and related technologies is emphasized [12][13]
【第三十五次】习近平:坚定不移走中国特色社会主义法治道路 更好推进中国特色社会主义法治体系建设
Xin Hua She· 2025-06-06 02:37
Core Viewpoint - The article emphasizes the importance of building a socialist rule of law system with Chinese characteristics as a fundamental guarantee for achieving the second centenary goal and modernizing the country [1][2][3]. Group 1: Legal System Development - The Central Committee has integrated comprehensive rule of law into the strategic layout, establishing a framework for the rule of law that includes legislative leadership, enforcement assurance, judicial support, and law-abiding initiatives [2]. - The goal of advancing the rule of law is to construct a socialist rule of law system and a socialist rule of law state, focusing on the unity of party leadership, people's sovereignty, and rule of law [2][3]. Group 2: Legislative Focus - There is a call to strengthen legislation in key areas such as national security, technological innovation, public health, and ecological civilization to meet the growing needs of the people [4]. - Emphasis is placed on improving legislative quality through scientific, democratic, and lawful legislation, while avoiding overreach and redundancy in legislative processes [4]. Group 3: Judicial Reform and Fairness - The need for comprehensive judicial reform is highlighted, aiming to ensure that the public perceives fairness and justice in every legal system, enforcement decision, and judicial case [5]. - A complete and efficient system for supervising law enforcement and judicial powers is to be established, ensuring checks and balances among various legal authorities [5]. Group 4: Legal Education and Public Awareness - There is a focus on enhancing legal education and promoting the rule of law among the public, encouraging leaders to model lawful behavior and guiding citizens to resolve issues through legal means [6]. - The article stresses the importance of cultivating legal professionals who are loyal to the party, country, and the law, and who can contribute positively to the socialist rule of law system [6].
赵一德赵刚与贺荣一行座谈
Shan Xi Ri Bao· 2025-05-28 22:54
Group 1 - The core viewpoint emphasizes the importance of legal governance in promoting high-quality development in Shaanxi province, with a focus on comprehensive legal reforms and the establishment of a law-based society [1][2] - The Shaanxi provincial government is committed to implementing Xi Jinping's legal thought and has prioritized the construction of a law-based government and society, aiming for scientific legislation, strict law enforcement, fair justice, and public compliance with the law [1] - The provincial government seeks continued support from the Ministry of Justice in areas such as legal education, legal talent cultivation, and enhancing the legal service environment for foreign-related matters [1][2] Group 2 - The Ministry of Justice acknowledges the significant progress made in Shaanxi's legal governance and judicial administration, highlighting the province's effective experiences and practices in legal construction [2] - The Ministry plans to provide practical support in building a law-based government and enhancing public legal services, particularly in foreign-related legal work, leveraging Shaanxi's strategic position as a key base for western development [2] - There is a focus on developing a one-stop, diversified international commercial legal service system and strengthening collaborative training of legal talents to support high-quality development and open-up initiatives in Shaanxi [2]
国务院发布2025年度立法工作计划
Shang Hai Zheng Quan Bao· 2025-05-14 18:52
Group 1 - The State Council's 2025 legislative work plan outlines the latest developments in national legislation, emphasizing the need for comprehensive legal reform and improvement in legislative quality [1][2] - A total of 16 legal proposals and 30 administrative regulations are set to be reviewed by the National People's Congress Standing Committee in 2025, focusing on high-quality development and a high-level socialist market economy [2] - Key legislative proposals include revisions to financial laws, such as the Financial Law, Banking Supervision Law, and Securities Company Supervision Regulations, aimed at enhancing the regulatory framework for the financial sector [2][3] Group 2 - The legislative plan also addresses the need for laws related to foreign trade, intellectual property, and commercial mediation, indicating a push towards strengthening the legal framework for international business [3] - The plan includes provisions for the review and revision of existing regulations that do not align with economic and social development needs, ensuring a more unified and conducive business environment [3]