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shpc issued the white paper on the trial of shanghai courts to serveguarantee the construction of china (shanghai) pilot free trade zone (2013-2018)
[2018-10-15]

 

 

 

 

this year marks the fifth year of the establishment of shanghai pilot free trade zone (hereinafter referred to as shanghai ftz). on october 15, 2018, the shanghai higher people’s court (hereinafter referred to as shpc) held a press conference to issue the white paper on the trial of shanghai courts to serveguarantee the construction of china (shanghai) pilot free trade zone (2013-2018) (hereinafter referred to as the white paper), including the briefing on the work of shanghai courts to serveguarantee the construction of china (shanghai) pilot free trade zone (2013-2018)the typical cases handled by shanghai courts on servingguaranteeing the construction of china (shanghai) pilot free trade zone (2013-2018) (hereinafter referred to as the typical cases).

at the press conference, chen meng, member of the party groupvice president of the shpc, briefed on the backgroundthe significance of the publication of the white paperon the work done by the courts of shanghai to serveguarantee the construction of china (shanghai) pilot free trade zone in the past five years. pan yunbo, president of the no. 2 civil tribunal of the shpc, introduced the typical cases. lu weimin, member of the party group, director of the political departmentspokesman of the shpc, presided over the conference.

according to the press conference, since the establishment of the shanghai ftz in september 2013, it has been a major task facing the courts of shanghai to play well their judicial functionprovide strong judicial servicesguarantees to this national strategy during the process of deepening the reform of the shanghai ftz.

according to the white paper, from the establishment of the shanghai ftz to this august, the courts of shanghai had accepted 271,606 cases involving the shanghai ftzconcluded 265,909 of them. the rate of acceptance of judgmentdiscontinuation of action for first-instance cases had reached 98.48%, effectively guaranteeing the healthyorderly development of the shanghai ftz.

in terms of the types of the cases accepted, the courts of shanghai had accepted the largest number of civilcommercial cases involving the shanghai ftz, amounting to 228,934. apart from that, there had been 4,436 criminal cases, 32 administrative cases38,204 execution cases concerning the same subject. among the civilcommercial cases, there are 135,368 financialcommercial cases, acing for more than half of the civilcommercial cases accepted.

according to the white paper, the cases involving the shanghai ftz have the following acteristics: the number of cases is in parallel with the increase of the judicial demands of the shanghai ftz, the pattern of the cases accepted reflects the demand for innovationdevelopment of the market in the shanghai ftz, the correlation between the types of casestypes of industries in the zone is high, the spillover effect of cases involving the shanghai ftz is obviousthe types of foreign-related commercial cases are noveldiverse.

over the past five years, courts at all levels in shanghai have established the awareness of quality trial,attempted to create a legal business environment in shanghaiimprove the judicatory image of china by carefully trying a number of typical cases with internationaldomestic influence which involved the shanghai ftz. the 18 typical cases published this time are the concentrated demonstration of how the courts of shanghai have worked, by focusing on the overall situationhandling the cases fairlyefficiently according to law, to serveguarantee the achievements of the construction, reformdevelopment of the shanghai ftz in the past five years.

the 18 typical cases handled by the people’s courts in accordance with law cover areas such as criminal offence, commerce, finance, intellectual property, civil disputes, maritime commerce, administrationenforcement. the focuses of disputes include the application of law, the admission of evidence, factual determination, behavior preservation, mediationreconciliation. the legal issues involved are representative,the results of judgments are influentialtypical.

for example, in the criminal cases published this time, the case of foreign exchange evasion committed by two persons by the surname of nichen from bosi trading (shanghai) co., ltd., is the first foreign-related criminal case since the establishment of the shanghai ftz. the case of evasion of exchange control involving the shanghai ftz is rather typicalcomplex. according to the judgment, the receiptpayment of foreign exchange under the entrepot trade is subject to china’s foreign exchange management system. by cracking down on the criminals who use the differences in foreign exchange control at homeabroad to commit crimes, the judgment has effectively maintained the stablehealthy development of foreign exchange management systemfinancial order in our ry.

in terms of intellectual property rightsanti-unfair competition, the case published this time is also quite typical. the case of zhejiang taobao network co., ltd. v. shanghai zaihe network technology co., ltd. et al. applying for the cease of infringing upon the intellectual property right prior to the litigation is the first case involving the protection of pre-litigation acts of unfair competition on e-commerce platforms in china. this case has fully reflected the efforts of the court in shanghai to strengthen the judicial protection of intellectual property rightsensure the timelyeffective exploration of the judicial remedy to intellectual property rights. it has contributed to purify the market environmentbuild good competition order concerning the network.

in the civilcommercial disputes concerning the shanghai ftz, those foreign-, hong kong-, macao-taiwan-related disputes ac for a certain proportion. in the case of hanlebich trading co. ltd. v. kaiya international logistics (shanghai) co., ltd. over the shipping contract for marine goods, the court innovated the method of collecting evidence from abroad by having the plaintiffthe defendant send people to the scene abroaduse instant messaging tools to send back the video of the inspection result to the court. then the partiesthe court went through the process of producing evidence, confrontingauthenticating to find the truth quickly,the case was therefore handled promptlyproperly.

pan yunbo introduced at the press conference that over the past five years, in view of the new practices initiated by the shanghai ftz such as the “negative list”, the national treatment before admission, the “separation of licenses,”the principle that things unauthorized by law must not be done,that statutory duties must be performed, the courts of shanghai had accordingly d the concept of judicial trial, correctly applied the lawprotected equally the legitimate rightsinterests of chineseforeign parties. through fair judgment, the courts had identified numerous market rules conforming to the development direction of shanghai ftz, reasonably guided the market expectations, effectively maintained the market ordertrade security in the shanghai ftzestablished the international credibility of china’s judiciary.

according to the press conference, in order to meet the requirements of creating a legal, internationalconvenient business environment for the shanghai ftz, the courts of shanghai had actively plannedtook the initiative to make innovations in improving the judicial system, perfecting the dispute settlement mechanismguaranteeing the -post-event supervision.

as early as the beginning of the establishment of the shanghai ftz, the shpc formulated the opinions on the courts of shanghai to serveguarantee the construction of china (shanghai) pilot free trade zone (20 opinions for short), which defines the conceptdirection in an all-roundsystematic way for the courts across shanghai to serveguarantee the shanghai ftz.

for example, the courts of shanghai have innovatedimproved the trial mechanism of foreign-related commercial cases, strengthened the qualityeffectiveness control of foreign-related commercial casesactively promoted the strategy of quality trial. by working with professional collegesuniversities across the ry, they have built a normalizedspecialized platform for identifying foreign laws,continuously improved the level of judicial service in foreign-related commercial trials by using electronic service, wechat verificationother informationintelligent means.

in addition, as responses to the innovations of arbitration system concerning the shanghai ftz such as open rosters, interim measuresfriendly arbitration, the courts of shanghai have formulated corresponding opinions on judicial reviewenforcement of arbitration. also, it has established an “open” commission mediation mechanisma diversified dispute settlement mechanism for commercial adr to meet the needs of building a convenient business environment.

according to the press conference, in the process of servingguaranteeing the construction of the shanghai ftz, the courts of shanghai have also strengthened the positive interaction with the administrative organs to improve the supervision ability of the shanghai ftz inafter the event. for example, the courts of shanghaithe institutions such as the management committee of the shanghai ftzthe business registration authority have established information exchange, credit promotionother working mechanisms to promote the construction of market integrity systemrisk prevention system in the shanghai ftz.

at the press conference, chen meng said that in the next step, the courts of shanghai will further deepen the reform of the judicial system, innovate the judicial systemmechanism, better play their judicial function,provide high-quality legal servicesjudicial protection for the comprehensive deepening of reformopening-up in the shanghai ftz.

briefing on the work of shanghai courts to serveguarantee the construction of china (shanghai) pilot free trade zone (2013-2018).doc

typical cases handled by shanghai courts on servingguaranteeing the construction of china (shanghai) pilot free trade zone (2013-2018).doc  

 

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