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Opinions of the Supreme People's Court on Providing Judicial Services and Guarantees for Accelerating the Construction of a Unified National Market
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最高人民法院关于为加快建设全国统一大市场提供司法服务和保障的意见
[现行有效]
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【法宝引证码】
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| Opinions of the Supreme People's Court on Providing Judicial Services and Guarantees for Accelerating the Construction of a Unified National Market | | 最高人民法院关于为加快建设全国统一大市场提供司法服务和保障的意见 |
| (No. 22 [2022] of the Supreme People's Court) | | （法发〔2022〕22号） |
| These Opinions are developed in light of the actual work of people's courts for the purposes of thoroughly implementing the spirit of the 19th CPC National Congress and all previous plenary sessions of the 19th CPC Central Committee, conscientiously implementing the Opinions of the CPC Central Committee and the State Council on Accelerating the Construction of a Unified National Market, maximizing the functions and role of people's courts, and providing high-quality judicial services and guarantees for accelerating the construction of a unified national market. | | 为深入贯彻党的十九大和十九届历次全会精神，认真落实《中共中央、国务院关于加快建设全国统一大市场的意见》，充分发挥人民法院职能作用，为加快建设全国统一大市场提供高质量司法服务和保障，结合人民法院工作实际，制定本意见。 |
| I. General requirements | | 一、总体要求 |
| 1. Effectively enhancing the sense of responsibility and sense of mission for providing judicial services and guarantees for accelerating the construction of a unified national market. Accelerating the construction of an efficient and standardized unified national market featuring fair competition and sufficient openness is a major strategic arrangement made by the CPC Central Committee with Comrade Xi Jinping at its core from an overall and strategic perspective, and is the fundamental support and internal requirement for the construction of a new development pattern. People's courts at all levels shall effectively bring their thoughts and actions in line with the major strategic arrangements made by the CPC Central Committee, grasp the decisive significance of establishing Comrade Xi Jinping's core position on the CPC Central Committee and in the CPC as a whole and defining the guiding role of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, must be keenly aware of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment with the central Party leadership, stay confident in the path, theory, system, and culture of socialism with Chinese characteristics, uphold General Secretary Xi Jinping's core position on the Party Central Committee and in the Party as a whole, and uphold the Party Central Committee's authority and its centralized, unified leadership, keep enhancing the capacity for political judgment, thinking, and implementation, adhere to serving the overall situation, justice for the people, and impartial justice, faithfully perform the duties under the Constitution and laws, maximize the regulating, guiding, and safeguarding role of the rule of law, and provide high-quality judicial services and guarantees for accelerating the construction of a unified national market. | | 1.切实增强为加快建设全国统一大市场提供司法服务和保障的责任感、使命感。加快建设高效规范、公平竞争、充分开放的全国统一大市场，是以习近平同志为核心的党中央从全局和战略高度作出的重大战略部署，是构建新发展格局的基础支撑和内在要求。各级人民法院要切实把思想和行动统一到党中央重大战略部署上来，深刻把握“两个确立”的决定性意义，增强“四个意识”、坚定“四个自信”、做到“两个维护”，不断提高政治判断力、政治领悟力、政治执行力，坚持服务大局、司法为民、公正司法，忠实履行宪法法律赋予的职责，充分发挥法治的规范、引领和保障作用，为加快建设全国统一大市场提供高质量司法服务和保障。 |
| 2. Accurately grasping the entry points and the focuses of efforts in providing judicial services and guarantees for accelerating the construction of a unified national market. People's courts at all levels shall closely center on the major decisions and arrangements of the CPC Central Committee, adhere to the guidelines of working unswervingly to both consolidate and develop the public sector and encourage, support, and guide the development of the non-public sector, insist on problem-oriented approach, implement the new development philosophy in a complete, accurate, and comprehensive manner, strengthen the system concept, pay attention to collaboration and cooperation, proactively fulfill responsibilities, take actions precisely by taking into overall consideration all fields and links of case filing, trial, and enforcement, and coordinate the unified protection of market participants, factors, rules, and order, work according to standards and schedule to continuously carry forward the five major objectives, i.e. developing the efficient and smooth domestic market and increasing its size, accelerating the creation of a stable, fair, transparent, and predicable business environment, further reducing market transaction costs, promoting scientific and technological innovation and industrial upgrading, and cultivating new advantages for participating in international competition and cooperation, pertinently improve judicial policies, innovate on work mechanisms, enhance judicial quality and efficiency, continuously enhance the efficacy of judicial services and guarantees, maximize the decisive role of the market in resource allocation, and provide powerful judicial support for building a high-standard market system and a high-level socialist market economic system. | | 2.准确把握为加快建设全国统一大市场提供司法服务和保障的切入点、着力点。各级人民法院要紧紧围绕党中央重大决策部署，坚持“两个毫不动摇”，坚持问题导向，完整、准确、全面贯彻新发展理念，强化系统观念、注重协同配合、积极担当作为，统筹立审执各领域、各环节精准发力，统筹市场主体、要素、规则、秩序统一保护，对标对表持续推动国内市场高效畅通和规模拓展、加快营造稳定公平透明可预期的营商环境、进一步降低市场交易成本、促进科技创新和产业升级、培育参与国际竞争合作新优势五大主要目标，有针对性地完善司法政策、创新工作机制、提升司法质效，不断提高司法服务保障工作的实效性，更好发挥市场在资源配置中的决定性作用，为建设高标准市场体系、构建高水平社会主义市场经济体制提供坚强司法支撑。 |
| II. Strengthening the unified and equal protection of market participants | | 二、加强市场主体统一平等保护 |
| 3. Boosting the implementation of unified market access. The cases involving disputes over construction projects, real estate, mineral resources, and the allocation of water, electricity, gas, heat, and other factors, as well as market access contracts shall be tried in accordance with the law, the influence of relaxing the market access to natural monopoly industries and service industries, among others, on the validity of contracts shall be accurately understood, and the policy of “access unless prohibited” shall be strictly implemented. The administrative cases involving market access shall be tried in accordance with the law, support shall be provided to advancing the reform of the administrative approval system by levels and categories, and the improper intervention in economic activities, especially the abuse of administrative powers to exclude or restrict competition shall be curbed. The incidental review of the negative list of market access, directory and list of enterprise-related preferential policies, and other administrative regulatory documents shall be strengthened, administrative organs shall be propelled to review and repeal in a timely manner the regulatory documents containing local protectionism, market segmentation, and designated transactions, among others, that obstruct the unified market and fair competition and eliminate local protectionism and regional barriers. | | 3.助力实行统一的市场准入。依法审理建设工程、房地产、矿产资源以及水、电、气、热力等要素配置和市场准入合同纠纷案件，准确把握自然垄断行业、服务业等市场准入放宽对合同效力的影响，严格落实“非禁即入”政策。依法审理涉市场准入行政案件，支持分级分类推进行政审批制度改革，遏制不当干预经济活动特别是滥用行政权力排除、限制竞争行为。加强市场准入负面清单、涉企优惠政策目录清单等行政规范性文件的附带审查，推动行政机关及时清理废除含有地方保护、市场分割、指定交易等妨碍统一市场和公平竞争的规范性文件，破除地方保护和区域壁垒。 |
| 4. Strengthening the equal protection of property rights. The equal litigation status, equal application of laws, and equal legal liabilities of various market participants shall be adhered to, and the lawful rights and interests of various market participants shall be equally protected in accordance with the law. Economic disputes, administrative violations of laws, and criminal offenses shall be strictly distinguished, treating economic disputes as crimes shall be resolutely prevented, and changing civil liability into criminal liability shall be resolutely prevented. The illegal and criminal acts of infringing upon property rights shall be punished in accordance with the law, the mechanism for recovering and disposing of money and properties involved in cases shall be improved, and ill-gotten properties and losses shall be recovered as much as possible. The concept of civilized execution in good faith shall be fully implemented, the compulsory measures involving property rights shall be further standardized, sealing up property in excess of the prescribed standards or in violation of laws shall be strictly prohibited, the measures of seizure and sale at appraised price shall be flexibly taken, and the use value and financing functions of the seized properties shall be effectively released. The mechanisms for the appeal and retrial, among others, of enterprise-related property right cases shall be improved and the mechanism for the effective prevention and correction of wrongful convictions shall be improved. Support shall be provided to the regulation of compulsory measures involving property rights in the field of administrative law enforcement and the autonomy of market participants in operations shall be safeguarded in accordance with the law. | | 4.加强产权平等保护。坚持各类市场主体诉讼地位平等、法律适用平等、法律责任平等，依法平等保护各类市场主体合法权益。严格区分经济纠纷、行政违法与刑事犯罪，坚决防止将经济纠纷当作犯罪处理，坚决防止将民事责任变为刑事责任。依法惩治侵犯产权违法犯罪行为，健全涉案财物追缴处置机制，最大限度追赃挽损。充分贯彻善意文明执行理念，进一步规范涉产权强制措施，严禁超标的、违法查封财产，灵活采取查封、变价措施，有效释放被查封财产使用价值和融资功能。完善涉企产权案件申诉、重审等机制，健全涉产权冤错案件有效防范纠正机制。支持规范行政执法领域涉产权强制措施，依法维护市场主体经营自主权。 |
| 5. Protecting the lawful rights and interests of Chinese and foreign parties equally in accordance with the law. Research shall be conducted to formulate the judicial interpretations on the ascertainment of laws and application of international treaties and international practice, among others, and extraterritorial laws, international treaties, and international practice shall be accurately applied. The mechanism for the jurisdiction over lawsuits involving foreign-related civil and commercial disputes shall be optimized and research shall be conducted to develop the judicial interpretations on the jurisdiction over foreign-related civil and commercial cases tried by the courts of first instance. Judicial assistance shall be strengthened, foreign-related service mechanisms shall be improved, and the construction of a unified platform for extraterritorial services shall be promoted. The substantive operation of international commercial courts shall be promoted, the working mechanism of the international commercial expert committee shall be improved, the one-stop international commercial dispute resolution information platform shall be improved to realize organic connection among mediation, arbitration, and litigation, and efforts shall be made to create a new highland for the resolution of international commercial disputes. Foreign investment laws and regulations shall be accurately applied, the system of pre-establishment national treatment plus negative list for foreign investment shall be comprehensively implemented, the effectiveness of foreign investment contracts shall be safeguarded in accordance with the law, and fair competition between domestic and foreign-funded enterprises shall be promoted. The construction of a system for the extraterritorial application of Chinese laws shall be promoted to legally protect the lawful rights and interests of enterprises and citizens that go global. | | 5.依法平等保护中外当事人合法权益。研究制定法律查明和国际条约、国际惯例适用等司法解释，准确适用域外法律和国际条约、国际惯例。优化涉外民商事纠纷诉讼管辖机制，研究制定第一审涉外民商事案件管辖司法解释。加强司法协助工作，完善涉外送达机制，推动建成域外送达统一平台。推进国际商事法庭实质化运行，健全国际商事专家委员会工作机制，完善一站式国际商事纠纷解决信息化平台，实现调解、仲裁和诉讼有机衔接，努力打造国际商事纠纷解决新高地。准确适用外商投资法律法规，全面实施外商投资准入前国民待遇加负面清单制度，依法维护外商投资合同效力，促进内外资企业公平竞争。推进我国法域外适用法律体系建设，依法保护“走出去”企业和公民合法权益。 |
| 6. Improving the rescue and exit mechanism for market participants. The market-oriented, law-based, professional, and information-technology-based orientation of bankruptcy trials shall be adhered to, bankruptcy cases shall be tried in a legal and proper manner, and the survival of the fittest shall be promoted. Premise identification and classified implementation of policies shall be adhered to, the procedures for bankruptcy reorganization and bankruptcy reconciliation shall be actively applied to enterprises that are in financial difficulties but still have prospects for development and worth saving, and the optimization and combination of production factors and the transformation and upgrading of enterprises shall be promoted, so as to revitalize enterprises and make the allocation of market resources more efficient. Initiatives shall be taken to promote the improvement of the legal system for bankruptcy and supporting mechanisms, improve the mechanism for the orderly connection between enforcement and bankruptcy work, promote the amendments to the enterprise bankruptcy law and the legislation on individual bankruptcy, promote the establishment of the association of bankruptcy managers and the special fund for bankruptcy expenses, and promote the establishment of a normalized coordination mechanism for the joint efforts of governments and courts. | | 6.完善市场主体救治和退出机制。坚持破产审判市场化、法治化、专业化、信息化方向，依法稳妥审理破产案件，促进企业优胜劣汰。坚持精准识别、分类施策，对陷入财务困境但仍具有发展前景和挽救价值的企业，积极适用破产重整、破产和解程序，促进生产要素优化组合和企业转型升级，让企业重新焕发生机活力，让市场资源配置更加高效。积极推动完善破产法制及配套机制建设，完善执行与破产工作有序衔接机制，推动企业破产法修改和个人破产立法，推动成立破产管理人协会和设立破产费用专项基金，推进建立常态化“府院联动”协调机制。 |
| 7. Realizing the rights and interests of market participants in winning lawsuits in a timely manner in accordance with the law. The overall pattern for the comprehensive treatment of difficulties in enforcement shall be further improved, the assessment of comprehensive treatment and source treatment of difficulties in enforcement shall be strengthened, the inclusion of the enforcement work in grassroots grid-based management shall be promoted, and the mechanism for coordination and cooperation for case filing, trial, and enforcement shall be improved, so as to ensure that the objective of effectively resolving the difficulties in enforcement is achieved as scheduled. The application of information technology in enforcement shall be further strengthened, system functions shall be expanded and upgraded, the management of enforcement nodes shall be strengthened, and the level of automated and intelligent enforcement process shall be enhanced. The establishment of the system for lawyers' investigation of the property of the parties subject to enforcement, among others, shall be explored and the implementation of the rules for entrusted audit investigation, notarization and evidence collection, and rewards for reporting, among others, shall be promoted. The establishment of the accountability mechanism for negligence in fulfilling the obligation of assisting in enforcement shall be explored and the system for preventing and stopping the acts of evading enforcement shall be established to legally punish the illegal acts of rejecting enforcement. Cooperation shall be provided in the legislation of enforcement laws and the judicial interpretations on the enforcement of claims, among others, shall be formulated or revised to improve the system of laws and regulations on enforcement. | | 7.依法及时兑现市场主体胜诉权益。进一步健全完善综合治理执行难工作大格局，加强执行难综合治理、源头治理考评，推动将执行工作纳入基层网格化管理，完善立审执协调配合机制，确保“切实解决执行难”目标如期实现。进一步加强执行信息化建设，拓展升级系统功能，强化执行节点管理，提升执行流程监管自动化、智能化水平。探索建立律师调查被执行人财产等制度，推进落实委托审计调查、公证取证、悬赏举报等制度。探索建立怠于履行协助执行义务责任追究机制，建立防范和制止规避执行行为制度，依法惩戒拒执违法行为。配合做好强制执行法立法工作，制定或修订债权执行等司法解释，完善执行法律法规体系。 |
| III. Contributing to the formation of a unified element and resource market | | 三、助力打造统一的要素和资源市场 |
| 8. Supporting the improvement of a unified urban-rural land market. The cases involving disputes over the separation of the title, contracting right, and operating right to the land in rural areas shall be properly tried to promote the orderly circulation of the conventional usufruct on rural land for agricultural operations. The cases involving disputes over the entry of collective land for for-profit construction into the market shall be tried in accordance with the law and support shall be provided to the accelerated construction of the urban-rural unified construction land market featuring the same rights and prices, smooth circulation, and sharing of profits. Taking land activation and utilization as the objective, the cases involving the disposal of land assets in the reform and restructuring of state-owned enterprises and public institutions, determination of property rights in the allocation of existing land assets, and listing and trading, among others, shall be properly tried. The cases involving the disputes over the transfer, lease, and mortgage, among others, of the right to use construction land shall be tried in accordance with the law and the standardized and efficient utilization of construction land shall be guaranteed. To adapt to the adjustments of land supply policies, the standards for the adjudication of cases involving disputes over the assignment and transfer of the right to use state-owned land shall be unified. | | 8.支持健全城乡统一的土地市场。妥善审理涉农村土地“三权分置”纠纷案件，促进土地经营权有序流转。依法审理农村集体经营性建设用地入市纠纷，支持加快建设同权同价、流转顺畅、收益共享的城乡统一建设用地市场。以盘活利用土地为目标，妥善审理涉及国有企事业单位改革改制土地资产处置、存量划拨土地资产产权确定、上市交易等案件。依法审理建设用地使用权转让、出租、抵押等纠纷案件，保障建设用地规范高效利用。适应土地供给政策调整，统一国有土地使用权出让、转让合同纠纷案件裁判尺度。 |
| 9. Supporting the development of a unified capital market. The crimes in financial fields such as market manipulation, insider trading, illegal fundraising, loan-related fraud, and money laundering shall be severely punished in accordance with the law to promote the sound development of the financial market. The cases involving the disputes over financial loan contracts, securities and futures trading and instruments shall be properly tried to regulate the investment and financing order of the capital market. The disputes involving supply chain finance, Internet finance, disposal of non-performing assets, and private investment fund, among others, shall be handled in accordance with the law to support the prevention and elimination of financial risks. The rules for the trial of cases involving new types of disputes over private equity investment, entrusted wealth management, asset securitization, and cross-border financial asset transactions, among others, shall be improved and the research on legal issues concerning digital currency and mobile payment, among others, shall be strengthened to serve and guarantee the innovative development of the financial industry. | | 9.支持发展统一的资本市场。依法严惩操纵市场、内幕交易、非法集资、贷款诈骗、洗钱等金融领域犯罪，促进金融市场健康发展。妥善审理金融借款合同、证券、期货交易及票据纠纷等案件，规范资本市场投融资秩序。依法处理涉供应链金融、互联网金融、不良资产处置、私募投资基金等纠纷，助力防范化解金融风险。完善私募股权投资、委托理财、资产证券化、跨境金融资产交易等新型纠纷审理规则，加强数字货币、移动支付等法律问题研究，服务保障金融业创新发展。 |
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