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shanghai putuo peoples court reported on its work in servingguaranteeing a law-based business environment
[2020-11-18]

 


   

   On November 18, 2020, the Shanghai Putuo People's Court (the "Court") held a press conference to report on its work in serving and guaranteeing a law-based business environment, and release a series of white papers. Hong Jue, member of the Court's Party Leadership Group and vice president, delivered the report. Representatives of the CPPCC Putuo District, the Political and Legal Affairs Committee of the CPC Committee Putuo District, the Publicity Department of the CPC Committee Putuo District, NPC deputies and CPPCC members of Putuo District, as well as reporters from media outlets such as Xinhua News Agency, Legal Daily, Liberation Daily, and Democracy and Legal System attended the press conference.

According to the press conference, with the aim of "providing judicial guarantee for the construction of business environment," the Court has given full play to the role of adjudication in providing regulation, guidance and protection, handled various cases efficiently according to law, and promoted the formation of fair, open and transparent market rules. One, the Court has focused on maintaining economic stability of the district by paying more attention to the handling of cases involving the pandemic and helping enterprises return to work and production. In 2020, the Court made great efforts to fight the Covid-19 epidemic while carrying out its normal work of law enforcement. The anti-epidemic efforts did not interfere with but instead facilitated its normal work. It sent 2,385 police officers to help with the prevention and control of Covid-19 on the community level, and concluded 32,625 cases of various types, of which 94.16% was concluded with the parties’ acceptance of the judgments. It has severely punished according to law crimes and criminals related to the pandemic and effectively maintained the order of pandemic prevention. The Court has also increased efforts to resolve disputes involving people's livelihood. In cases where enterprises are unable to pay the employees due to the pandemic, the Court, according to the principles of "seeking common ground through consultation" and "equitable protection," has promoted mutual consultation and understanding between employers and employees and encouraged them to overcome the difficulties together. Two, the Court has protected the intellectual achievements of enterprises by intensifying the protection of intellectual property rights and creating a highland for such protection. From January to October 2020, it concluded 2,938 cases concerning intellectual property rights, of which 96.18% was concluded with the parties’ acceptance of the judgments. It has also promoted the construction of "big" IP protection. Taking advantage of its jurisdiction over intellectual property cases in Putuo, Jing'an, Jiading and Qingpu districts, the Court has cooperated with the administrative organs of the four districts to hold activities such as "4.26 Livestreaming on Intellectual Property Rights," effectively promoting cross-district and inter-departmental cooperation in the protection of intellectual property rights. Three, the Court has helped enterprises regain vigor by smoothing the market exit procedure and optimizing the bankruptcy trial mechanism. With its communication with departments such as the District Bureau of Human Resources and Social Security and its cooperation with the District Tax Bureau on building the linkage mechanism, the Court has established a sound bankruptcy linkage mechanism to solve the challenges confronting bankrupt enterprises, such as reorganization, arrears of wages, taxes, and the transfer of social security relations of employees. Four, the Court has paid attention to the rational allocation of risks, drawn a clear line of responsibility according to law, and guided market players to operate in compliance with laws and regulations. It has made fair judgment on all kinds of transactions to avoid unreasonable distribution of rights and obligations as well as risk transmission and promote the market to grow on an equal footing.

According to the press conference, the Court sees the timely settlement of cases as a mandatory target, and has injected new impetus into improving the efficiency of case handling by diversified ways of dispute resolution, improved mechanism of rapid case handling, strengthened application of information technology, and enhanced enforcement. One, adopting diversified ways of dispute resolution to improve the efficiency of commercial dispute resolution. The Court has worked to build a platform for diversified ways of dispute resolution, and establish and improve the pre-litigation dispute resolution pattern made up by "special mediation organizations + special mediators." With 15 professional mediation institutions such as Shanghai Commercial Mediation Center and Shanghai Mediation Center for Banking Disputes and 37 special mediators, the Court has tried to build a strong force for the mediation of commercial disputes. Efforts have also been made to optimize the process linking mediation and litigation. For cases concluded through successful mediation, the parties concerned can apply for judicial confirmation to ensure the performance of the mediation agreement; for cases where mediation has failed to work, they will be passed on directly to the judge after the basic information of the parties concerned, the address of service, the claim and the undisputed fact are established. Two, improving the mechanism of rapid case handling to meet the "enforcing contracts" indicator, which is proposed by the World Bank to measure the time for resolving a commercial dispute. With this indicator as reference, the Court has sped up the process of case handling and improved the litigation efficiency. It has worked to smooth the channels of case filing, improve the mechanism of appointment for filing and cross-domain filing, and expand online filing, in order to make filing more convenient. Since 2020, 7,563 cases have been filed online, accounting for 66.62% of the total number. The Court has also improved the mechanism of random case distribution, and optimized the random case distribution system based on the specialty of the trial team. It has ensured quick trial of simple cases, worked in accordance with the requirements of the pilot reform of the separation of complicated and simple civil procedures, and given full play to the advantages of summary procedure and small claims procedure in filing, service, trial, etc. Since 2020, 13,640, or 65.30%, cases have been concluded using summary procedure, with an average hearing period of 39.55 days; 4,819, or 23.07%, have been adjudicated using small claims procedure, with an average hearing period of only 6.65 days. Three, strengthening the application of information technology to build a modern litigation service system. The Court has valued the application of "smart court" achievements and used technology and intelligent means to improve its efficiency and effectiveness, a move that has contributed to the quality and efficiency of case handling. It has begun to carry out online trial on a regular basis, and made efforts in such areas as case selection, early preparation, hearing control, and improvement of the online trial mechanism to ensure smooth online trial. Four, enhancing enforcement to guarantee the rights and interests of the winning party. Since 2020, a total of 2,379 people subject to enforcement have been included in the list of dishonesty, seven people legally in debt have been detained, four have been fined RMB 120,000 altogether, and one has been given criminal sanctions for refusal of enforcement.

According to the press conference, the Court has been proactive to meet the regional requirements, the needs of enterprises and the expectations of the people, and provide strong judicial assistance to the healthy economic and social development through constant innovation of the concept, method and mechanism used for providing service guarantee. One, it focuses on providing special judicial protection to meet the requirements for regional development. Two, it optimizes the supply of judicial products to satisfy the needs of market players. Three, it enhances the publicity of the rule of law through more attractive means.

 

Model Cases Demonstrating How Shanghai Putuo People's Court Provides Services to Guarantee a Law-based Business Environment .pdf

White Paper on the Trial of Financing Disputes Involving Private Enterprises in Shanghai Putuo People's Court .pdf

White Paper on the Trial of Cases over Intellectual Property Contracts in Shanghai Putuo People's Court (2015-2019) .pdf

White Paper on Kind and Civilized Enforcement in Shanghai Putuo People's Court .pdf

 

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