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.