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聚焦金融“五篇大文章” 上海金融法院发布重磅文件和典型案例
Core Viewpoint - The Shanghai Financial Court introduced the "Several Opinions on Serving and Guaranteeing the Development of Financial 'Five Major Articles'" to enhance judicial support for financial development, focusing on specific measures for various financial sectors [1][4]. Group 1: Overall Requirements - The "Several Opinions" consist of three main parts: overall requirements, specific measures, and supporting guarantees, totaling 18 articles [1]. - The document emphasizes the need to elevate judicial support capabilities, particularly in the technology finance sector, by improving the special trial mechanism for the Sci-Tech Innovation Board [1][6]. Group 2: Specific Measures - The "Several Opinions" outline specific measures for five financial sectors: technology finance, green finance, inclusive finance, pension finance, and digital finance, detailing 35 types of new financial dispute adjudication concepts and 21 actionable judicial support mechanisms [4][6]. - In technology finance, the focus is on enhancing the special trial mechanism for the Sci-Tech Innovation Board and streamlining loss assessment procedures for third-party institutions [1][6]. - In green finance, collaboration with the Shanghai Environment Energy Exchange is planned to explore new carbon trading models, ensuring maximum value realization of carbon trading products [7]. - For inclusive finance, mechanisms to incentivize trust and credit repair will be established to support small and micro enterprises in obtaining loans [7]. Group 3: Supporting Guarantees - The "Several Opinions" stress the need to improve financial trial execution mechanisms, support temporary arbitration, and enhance execution collaboration to create an optimal international financial dispute resolution environment [8]. - The document aims to balance financial innovation with risk prevention through regular publication of typical financial cases and legal risk prevention reports [8]. - It also emphasizes the importance of cultivating financial trial talent to build a highland of composite financial trial professionals [8]. Group 4: Typical Cases - Ten typical cases were released, reflecting potential risk issues in the development of the financial "Five Major Articles," particularly in technology finance where financing difficulties exist due to stringent buyback obligations [9][10]. - The cases illustrate the integration of political, legal, and social effects, showcasing innovative dispute resolution models in green finance [10].
《上海金融法院服务保障金融“五篇大文章”发展的若干意见》发布 提出打造裁判规则新集群
news flash· 2025-06-30 13:03
Group 1 - The core viewpoint of the article is the introduction of the "Several Opinions on Serving and Guaranteeing the Development of Financial 'Five Major Articles'" by the Shanghai Financial Court, which aims to enhance the legal framework for financial transactions and dispute resolution [1] - The document emphasizes the establishment of a new cluster of adjudication rules to proactively assess potential disputes and delineate legal boundaries for financial transactions, focusing on prevention [1] - In financing guarantee disputes involving technology innovation enterprises, the opinions clarify the effectiveness of new types of collateral such as data property rights, future claims, and intellectual property rights, addressing the challenges of financing for tech companies [1] Group 2 - The article highlights measures to combat false statements related to environmental information in green securities disputes, aiming to regulate the development of green asset securitization products and enhance judicial scrutiny of the authenticity of underlying assets [1] - In the context of digital financial disputes, the opinions advocate for the legal recognition of data (intellectual) property registration as evidence, and the exploration of adjudication rules for data asset confirmation, rights distribution, and value assessment, facilitating the capitalization of data product operating rights [1]