金融高水平开放的法治保障
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国际专家学者沪上论剑 献策法治护航金融高水平开放
Guo Ji Jin Rong Bao· 2025-10-23 17:04
Core Viewpoint - The International Financial Judicial Forum held in Shanghai emphasizes the importance of legal safeguards for high-level financial openness, aiming to enhance global financial market security and order through shared experiences and legal frameworks [1]. Group 1: Financial Law and Innovation - Financial vitality relies on liquidity and innovation, while safety and order require legal regulation and judicial protection. The integration of traditional legal frameworks with emerging financial practices is essential [3]. - The construction of a robust financial legal system is crucial for maintaining a strong position in the global financial landscape, as evidenced by historical experiences from Western countries [5]. Group 2: Judicial Cooperation and Financial Security - There is a growing demand for financial law due to Shanghai's role as an international financial center, necessitating the enhancement of a legal system that aligns with international standards [6]. - Strengthening international judicial cooperation is vital to address new challenges posed by digital finance, cross-border transactions, and financial technology [5]. Group 3: Practical Applications and Theoretical Research - The Shanghai Financial Court is focused on improving judicial efficiency and fairness in financial dispute resolution, utilizing innovative mechanisms and digital court systems [6]. - The interaction between theoretical research and judicial practice is encouraged to support the modernization and internationalization of financial adjudication [3]. Group 4: Regional Financial Law Developments - East Asian trust law emphasizes the contractual relationship between trustees and beneficiaries, which fosters regional financial innovation and asset management [8]. - The local innovation of East Asian trust law provides a solid legal foundation for regional financial openness and modernization [8]. Group 5: Market Transparency and Regulation - Effective private enforcement is necessary to complement public regulation, with a focus on clear definitions of key concepts related to disclosure and liability [9]. - Strengthening regulatory measures for offshore financial markets is essential to ensure their healthy and sustainable development, balancing robust oversight with innovative openness [9].
金融司法国际论坛在沪举办 推动国内外司法经验共享与规则互鉴
Zheng Quan Shi Bao Wang· 2025-10-23 14:26
Core Viewpoint - The financial sector in Shanghai is accelerating its development as an international financial center, necessitating robust legal safeguards for high-level financial openness [2][3]. Group 1: Legal Framework and Financial Innovation - The vitality of finance relies on liquidity and innovation, while safety and order require legal regulation and judicial protection [1]. - Financial law must combine adherence to principles with innovation, focusing on serving the real economy and filling regulatory gaps in emerging financial practices [1]. - There is a need for a legal framework that supports international financial cooperation and facilitates the sharing of judicial experiences [2]. Group 2: Judicial Experience and Mechanisms - Shanghai Financial Court emphasizes the importance of typical case trials and has innovated mechanisms for financial trial execution, including a digital court system [2]. - The establishment of a financial market case testing mechanism aims to enhance the quality and efficiency of cross-border financial dispute resolution [2]. - The court is actively participating in international financial market rule governance to support China's financial system openness [2]. Group 3: Challenges and International Cooperation - Current financial market developments present new challenges such as data security, regulatory coordination, and investor protection, necessitating enhanced international judicial cooperation [3]. - The Supreme People's Court plans to strengthen research on emerging financial disputes and coordinate efforts to mitigate financial risks [3]. - The goal is to transform Chinese financial judicial experiences into international references [3].