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Opinions of the Supreme People's Court Regarding Further Providing Judicial Services and Guarantees by the People's Courts for the Belt and Road Initiative [Effective]
最高人民法院關于人民法院進一步為“一帶一路”建設提供司法服務和保障的意見 [現行有效]
【法寶引證碼】
 
  
  
Opinions of the Supreme People's Court on Further Providing Judicial Services and Guarantees by the People's Courts for the Belt and Road Initiative 

最高人民法院關于人民法院進一步為“一帶一路”建設提供司法服務和保障的意見

(No. 29 [2019] of the Supreme People's Court) (法發〔2019〕29號)

For the purposes of fulfilling the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, maximizing the role of judicial functions, and striving to create an international, law-based and convenient business environment with more stability, fairness, transparency and predictability for jointly building the Belt and Road with high quality, in accordance with the Several Opinions on Providing Judicial Services and Guarantees by the People's Courts for the Belt and Road Initiative (No. 9 [2015], Supreme People's Court), further guiding opinions are hereby offered as follows: 為貫徹落實習近平新時代中國特色社會主義思想,充分發揮司法職能作用,努力為高質量共建“一帶一路”營造更加穩定公平透明可預期的國際化法治化便利化營商環境,在《關于人民法院為“一帶一路”建設提供司法服務和保障的若幹意見》(法發〔2015〕9號)的基礎上進一步提出以下指導意見。
I. Comprehensively grasping new requirements and new tasks in serving the Belt and Road Initiative 一、全面把握服務“一帶一路”建設的新要求新任務
1. Accurately understanding the fundamental task of the people's courts in further providing judicial services and guarantees for the Belt and Road Initiative: Currently, the international community has reached a greater consensus on profoundly co-building the Belt and Road, the areas and scope covered by the Initiative have constantly expanded, the connectivity among the “six corridors and six channels serving multiple countries and ports” has been enhanced, and the cross-border economic corridors and the economic and trade cooperation have seen significant growth. The number of law-related fields has increased, legal relationships have become more complicated, and there has been more diversity in legal systems. Therefore, the creation of an international, law-based and convenient business environment with stability, fairness, transparency and predictability, based on a wider scope and strict rules is the common concern of all parties participating in co-building the Belt and Road; and it is also the essential task of the people's courts in fully serving and safeguarding the Initiative in the new era. 1.准確認識人民法院進一步為“一帶一路”建設提供司法服務和保障的根本任務。當前,高質量共建“一帶一路”的國際共識持續擴大,覆蓋地區範圍不斷拓展,“六廊六路多國多港”互聯互通更加深入,跨國經濟走廊和經貿合作日益深化。法律領域更加廣泛,法律關系更加複雜,法律體系更加多樣。推動形成更廣範圍以規則為基礎的穩定公平透明可預期的國際化法治化便利化營商環境,是高質量共建“一帶一路”各方的共同關切,是新時代人民法院全方位服務保障“一帶一路”建設的根本任務。
2. Keeping committed to the concept of further providing judicial services and guarantees by the people's courts for the Belt and Road Initiative: The people's courts shall firmly take the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the guideline, study and fulfill the spirit of the 19th CPC National Congress and the Second, Third, and Fourth Plenary Sessions of the 19th CPC Central Committee, as well as the essence in the key speech of General Secretary Xi Jinping on the Second Belt and Road Forum for International Cooperation. They shall also strengthen the consciousness of the need to maintain political integrity, think in big-picture terms, follow core leadership, and keep in alignment; increase confidence in the path, theory, system and culture of socialism with Chinese characteristics; and resolutely uphold General Secretary Xi Jinping's core position on the Party Central Committee and in the Party as a whole, and resolutely uphold the Party Central Committee's authority and its centralized, unified leadership. Furthermore, the people's courts shall continue to enhance their judicial functions, and stand firm in the promotion of economic globalization and trade liberalization with fair and efficient judicial services and guarantees. 2.始終堅定人民法院進一步為“一帶一路”建設提供司法服務和保障的指導思想。人民法院要始終堅持以習近平新時代中國特色社會主義思想為指導,深入學習貫徹黨的十九大和十九屆二中、三中、四中全會精神和習近平總書記在第二屆“一帶一路”國際合作高峰論壇上的重要講話精神,增強“四個意識”、堅定“四個自信”,做到“兩個維護”,不斷提升司法能力,以公正高效的司法服務與保障,堅定維護經濟全球化和貿易自由化。
3. Correctly following the work principles based on which the people's courts further provide judicial services and guarantees for the Belt and Road Initiative: The people's courts shall work to serve the overall strategy, and take more measures to actively provide specific and effective legal guarantees for the reform and opening-up policy. They shall follow a demand-oriented approach, improve legal proceedings, strengthen the construction of litigation service centers, vigorously support the development of international arbitration and mediation, upgrade the new international commercial dispute resolution mechanism, and continuously meet the requirements of the participants in the Belt and Road Initiative for dispute resolution. They shall also carry forward the spirit of rule of law, intensify procedural justice, equally protect the lawful rights of concerned domestic and foreign parties, accurately apply international rules, actively participate in the development of international rules, and strive to engage in and guide the improvement of legal rules related to the Belt and Road Initiative. Furthermore, they shall continue to pursue reform and innovation, deepen judicial reform, promote transparency in judicial services, strengthen the development of smart courts, and further establish a fair, efficient, convenient, and cost-effective mechanism of dispute resolution. The people's courts shall uphold the green principle, conserve resources, protect ecological environment, proactively integrate the trial of cases related to environment and resources in China into the process of global environmental governance, and protect environmental interests and environmental security. Finally, they shall adhere to the strategy of wide consultation, joint construction and shared benefits, strengthen judicial exchanges with the countries participating in the Belt and Road Initiative, advance international judicial cooperation, enable think-tanks to play an important role, and work effectively to combine the efforts of judicial organs in co-building the Belt and Road Initiative. 3.正確把握人民法院進一步為“一帶一路”建設提供司法服務和保障的工作原則。堅持服務大局,增強自覺性主動性,為改革開放提供有針對性、實效性的法治保障。堅持需求導向,完善訴訟程序,加強訴訟服務中心建設,大力支持國際仲裁、調解發展,完善新型國際商事爭端解決機制,不斷滿足共建“一帶一路”主體的糾紛解決需求。堅持弘揚法治,強化程序正義,依法平等保護中外當事人合法權利,准確適用國際規則,積極參與國際規則制定,努力做完善“一帶一路”相關法治規則的參與者、引領者。堅持改革創新,深化司法改革、深化陽光司法、深化智慧法院建設,進一步構建公正高效便捷低成本的糾紛解決機制。堅持綠色原則,節約資源,保護生態環境,主動將中國環境資源審判融入全球環境治理進程,維護環境利益和環境安全。堅持共商共建共享,加強與 “一帶一路”建設參與國的司法交流,強化國際司法合作,協調國際司法沖突,發揮智庫作用,努力形成共建“一帶一路”的法治合力。
II. Further performing the role of judicial trials, and serving and guaranteeing the co-building of the Belt and Road with high quality in all aspects 二、進一步發揮審判職能作用,全方位服務保障高質量共建“一帶一路”
4. The people's courts shall strengthen the judicial cooperation on criminal matters, persistently combat corruptions, jointly promote the implementation of the Beijing Initiative for the Clean Silk Road, support transparency and compliance, and join hands to build a clean silk road. The people's courts shall also work with the judicial organs of other countries and regions along the Belt and Road to co-build a judicial anti-terrorism mechanism, curb the spread of terrorism, and jointly create a secure and stable environment for the Belt and Road Initiative. 4.加強刑事司法合作,以零容忍態度打擊腐敗,共同推動《廉潔絲綢之路北京倡議》的執行,促進陽光合規,攜手建設廉潔絲綢之路。與沿線國和地區共建司法反恐機制,遏制恐怖主義蔓延,共同營造安全穩定的“一帶一路”建設環境。
5. The people's courts shall protect the personal rights and property rights of concerned domestic and foreign parties, comprehensively apply the principles of territorial jurisdiction, personal jurisdiction and protective jurisdiction, exercise their respective jurisdictions according to law, prevent and redress foreign-related violations, punish criminal acts that infringe upon personal rights or property rights, adequately try foreign-related administrative cases according to law, protect the lawful rights and interests of concerned parties, and make the participants in the Belt and Road Initiative feel more secure. 5.充分保護中外當事人人身權、財產權,綜合運用屬地、屬人、保護性管轄等原則,依法行使司法管轄權,及時制止和救濟涉外侵權,依法懲處損害人身權、財產權的犯罪行為,依法妥善審理涉外行政案件,維護當事人合法利益,增強共建“一帶一路”主體的安全感。
6. The people's courts shall resolutely support multilateralism, follow the spirit of the Initiative on Promoting Unimpeded Trade Cooperation along the Belt and Road in international trade and cross-border trade disputes, and apply the relevant rules of determining the contract validity and liabilities in civil and commercial cases involving free trade agreements or cooperation documents signed between China and other countries. They shall also support the free flow of goods, funds, technologies and personnel, and give impetus to a global economy that is more open, inclusive, balanced, and beneficial to all. 6.堅定支持多邊主義,在國際貿易和邊境貿易糾紛中,按照《推進“一帶一路”貿易暢通合作倡議》的精神,對涉及與我國簽訂自由貿易協定及合作文件的國家的涉外民商事案件,依法適用有關規則認定合同效力和合同責任,支持商品、資金、技術、人員自由流通,大力推動經濟全球化朝著更開放、包容、普惠、平衡、共贏的方向發展。
7. The people's courts shall promote the development of international logistics, explore a special mechanism of hearing cases related to international shipping, China-Europe express trains, new land and sea corridors, and international highway transport, correctly apply governing laws and international conventions, and support the improvement of international logistics rules such as international multi-modal transport of goods and cross-border railway documents. They shall also work to safeguard the connectivity among “six corridors and six channels serving multiple countries and ports”, such as the New Eurasian Land Bridge and other economic corridors. 7.依法促進國際物流發展,探索國際海運、中歐班列、陸海新通道、國際公路運輸案件的專業化審判機制,正確適用准據法及國際公約,促進國際貨物多式聯運、跨國鐵路單證等國際物流規則完善,努力保障以新亞歐大陸橋等經濟走廊為引領的“六廊六路多國多港”互聯互通。
8. The people's courts shall support the opening-up policy in the financial sector. The exemplary role of financial courts shall be maximized. Eligible courts shall be encouraged to build special trial teams for financial cases. The application of law in foreign-related financial cases shall be further regulated and standardized. Close attention shall be paid to studying legal issues such as special loans for the Belt and Road Initiative, the Silk Road Fund, various special investment funds, Silk Road-related bonds, multilateral cooperation for development finance, and export credit insurance. Valuable experiences of foreign countries in efficiently hearing financial cases shall be drawn upon, and financial institutions from other countries shall be supported in participating in investment and financing for the Belt and Road Initiative. 8.依法服務金融領域開放,充分發揮金融法院示範作用,鼓勵有條件的法院建立專門審判團隊,進一步規範和統一涉外金融法律適用,密切關注研究涉“一帶一路”建設專項貸款、絲路基金、各類專項投資基金、絲路主題債券、多邊融資開發合作、出口信用保險的法律問題,借鑒國際經驗高效審理有關案件,支持多邊和各國金融機構參與共建“一帶一路”投融資。
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