上海市高级人民法院党组副书记、副院长陆卫民指出，"十五五"规划建议强调，要丰富风险处置资源和 手段，构建风险防范化解体系，保障金融稳健运行，这对金融司法和监管加强协作、凝聚合力提出了更 高要求。各协同成员单位要继续加大机制落实力度，丰富风险预警、防范和化解工具箱，织密风险防范 的体系网络；要聚焦重点领域，树立金融纠纷多元化解、金融创新规则供给、法治化营商环境优化等领 域的协作样本，提升协同治理的精准效能；要深化数字赋能，在确保数据安全和依法合规的前提下，探 索更多跨域数据共享共用途径，打造智慧协同的创新引擎，为金融高质量发展提供更强法治支撑。 上海金融法院党组书记、院长赵红表示，希望与各家协同成员单位一道，继续发挥勇于领题、善于破题 的协同优势，聚焦民刑交叉案件处理这一实践难点，探索金融刑事、民事、行政审判统筹推进的"协同 范式"；秉承先行先试、敢为人先的"上海精神"，聚焦金融法治数字转型这一时代命题，打造数据信息 一触即见、潜在风险一屏通览的"协同样本"；落实立足上海、服务国家的合作理念，聚焦"数字金融"规 范发展这一战略重点，形成更多回应发展需求、精准指导实践的"协同成果"，为上海做好金融改革开放 的排头 ...

Core Viewpoint - The Shanghai Financial Court, in collaboration with Shanghai University of Finance and Economics and Weico Group, has released the sixth batch of selected cases to stabilize the expectations of domestic and foreign parties regarding judicial rules, thereby supporting high-quality financial development and high-level opening-up [1]. Group 1: Case Characteristics - The Shanghai Financial Court has introduced 20 typical cases that cover a wide range of case types, including mediation, trial, and execution, with 5 cases involving foreign and Hong Kong-Macau-Taiwan elements [2]. - The cases encompass various transaction types such as cross-border guarantees, securities trading, independent letters of guarantee, fund investments, entrusted wealth management, bill collection, financing leasing, and platform insurance [2]. - The legal issues presented are novel, including judgments on securities false statements in employee stock ownership plans and the responsibilities of trustees violating fair distribution obligations [2]. Group 2: Significance of the Cases - The cases actively guide judicial ruling rules, exemplified by a landmark ruling where a private fund manager was held liable for unfair distribution, fostering a sound legal environment in the private investment sector [2]. - The cases promote the healthy development of emerging financial formats, as seen in a ruling that clarifies the obligations of insurers in platform insurance models, aligning the insurance industry with digital age requirements [2]. - The cases demonstrate the effectiveness of financial judiciary participation in social governance, with rulings that help efficiently resolve disputes and mitigate financial risks [3]. Group 3: Future Directions - The Shanghai Financial Court will continue to focus on its financial adjudication functions, adhere to a strategy of high-quality cases, and implement a long-term mechanism for the international promotion of typical cases to enhance the international influence of Chinese financial judiciary [3].

Group 1 - The core viewpoint emphasizes the necessity of legal frameworks to support financial innovation and enhance service quality in the financial sector [1] - In cross-border trade, legal support is crucial for maintaining national and corporate credit, especially in light of frequent fraud disputes involving guarantees and letters of credit [1] - The international financial landscape is evolving with new structures, products, and business models, necessitating proactive legal measures to manage emerging risks [1] Group 2 - The Beijing Financial Court has asserted jurisdiction over securities fraud lawsuits involving overseas companies listed in Hong Kong, highlighting the importance of protecting domestic investors' rights [2] - The court's approach reflects China's commitment to international financial governance and its strategic use of law as a tool for global rule-making [2] - Specialized research teams have been established to address legal challenges in cross-border finance, focusing on issues such as digital asset governance and the latest developments in international legal principles [2]

Core Insights - The Beijing Financial Court has been operational since its establishment in 2021, focusing on foreign-related financial adjudication [1] - The court has handled a total of 1,080 foreign-related cases, including those from Hong Kong, Macau, and Taiwan, involving 38 countries and regions [1] - Among these, 23 cases are from countries participating in the Belt and Road Initiative [1]

Core Viewpoint - The Beijing Financial Court is actively exploring the construction of foreign-related financial legal systems to support the implementation of national financial strategies and promote healthy economic development [1][3] Group 1: Judicial Frontiers - The Beijing Financial Court is focusing on understanding the legal trends and governance challenges related to the financial system's opening-up, particularly in areas such as securities false statements, financial borrowing, and entrusted wealth management contract disputes, which are the top three types of foreign-related cases it handles [3] - Other significant disputes include insurance, independent guarantees, and arbitration judicial reviews, indicating a diverse range of legal challenges in the financial sector [3] Group 2: Global Competitive Financial Ecosystem - The court aims to create a market-oriented, law-based, and international first-class business environment by conveying rule concepts through specific judgments and demonstrating institutional effectiveness in individual cases [3] Group 3: Systematic Analysis and Forward-Looking Responses - The foreign-related legal framework serves as a legal shield for maintaining national sovereignty, security, and development interests, while also acting as a strategic tool for participating in global governance and shaping international rules [3] - The establishment of ten specialized policy research teams, including a foreign-related financial team, allows for in-depth research into industry, enterprises, and products, focusing on legal challenges encountered during the "bringing in" and "going out" processes [3] - Key issues being addressed include the governance of cross-border collateral for digital assets and the latest developments in the minimum standards principle, showcasing the court's proactive approach to emerging legal challenges [3]

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: Legal Framework and Financial Innovation - Financial vitality relies on liquidity and innovation, while safety and order require legal regulation and judicial protection [3] - The integration of traditional legal frameworks with emerging financial practices is essential to address new challenges in cross-border finance [3] - A problem-oriented approach is necessary to foster interaction between theoretical research and judicial practice, contributing to the modernization and internationalization of financial adjudication [3] Group 2: Shanghai's Role in Financial Law - Shanghai is committed to theoretical innovation and practical exploration in financial law, aiming to support national strategies and enhance the legal framework for financial technology [4] - The Shanghai International Financial Center's role is increasingly significant, necessitating a robust legal framework to support financial openness and innovation [5] - The Shanghai Financial Court is focused on improving judicial efficiency and quality in resolving cross-border financial disputes, contributing to international financial market rule governance [6] Group 3: International Cooperation and Regulatory Challenges - Strengthening international judicial cooperation is crucial to address challenges posed by digital finance, cross-border transactions, and financial technology [5] - The need for clear definitions and standards in private enforcement is highlighted to enhance market transparency and investor protection [8] - Balancing robust regulation with open innovation is essential for the sustainable development of offshore financial markets [8]

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].

Core Viewpoint - The Shanghai Financial Court is focusing on legal issues related to offshore bond digital issuance in the free trade zone and is advancing the work on the second financial market test case [1] Group 1 - The financial judicial international forum themed "Legal Protection for High-Level Financial Opening" was held in Shanghai on October 23 [1] - Zhao Hong, the president of the Shanghai Financial Court, revealed the court's current focus areas [1] - The Shanghai Financial Court previously publicly heard the first financial market test case related to the default disposal of the Shanghai Clearing House's central counterparty clearing business [1]

Core Viewpoint - The Shanghai Financial Court is focusing on legal issues related to offshore bond digital issuance in the free trade zone and is advancing the second financial market test case [1] Group 1 - The financial judicial international forum held in Shanghai on October 23 had the theme "Legal Protection for High-Level Financial Opening" [1] - Zhao Hong, the president of the Shanghai Financial Court, revealed the court's current focus areas [1] - The Shanghai Financial Court previously publicly heard the first financial market test case related to the default disposal of the Shanghai Clearing House's central counterparty clearing business [1]

Core Viewpoint - The Beijing Financial Court is actively enhancing the business environment through legal reforms and collaborative initiatives, focusing on supporting enterprises in distress and fostering a "entrepreneur-friendly" financial ecosystem [1][2][3]. Group 1: Legal Reforms and Initiatives - The Beijing Financial Court has developed eight versions of legal business environment reform plans, issuing 45 documents and implementing 102 reform measures [1]. - The "Optimization of Business Environment Workstation" was established in July 2022, involving 19 expert mediators from various industries to create a collaborative legal platform [2]. - As of August 2025, 212 cases have utilized this mechanism, involving a total amount of 31.1 billion, with 19.2 billion successfully executed [2]. Group 2: Support for Distressed Enterprises - The court encourages distressed enterprises to recover and self-rescue, facilitating the disposal of low-value assets to restore trust and credit relationships [1][4]. - A new mechanism has been introduced to support temporarily distressed but salvageable enterprises, focusing on financial recovery and risk management across the entire industry chain [3][4]. - The court emphasizes the importance of expert mediators in evaluating the core competitiveness and potential of enterprises, providing feasible dispute resolution solutions [4][5]. Group 3: Financial Ecosystem Development - The initiative aims to align financial support with the development of new productive forces, fostering a supportive environment for innovation and entrepreneurship [3]. - The focus is on creating a dynamic match between capital and the growth cycles of enterprises, ensuring judicial support for investments in green and innovative sectors [3].