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To
thoroughly implement the national strategic plans for building a strong
manufacturing nation and a strong maritime nation, and to more effectively
support the construction of a world-class modern shipbuilding base on Changxing
Island, the Shanghai Chongming District People's Court (hereinafter referred to
as the Chongming District People's Court) held a press conference this morning
(October 24) to inform the public about the overall situation and typical cases
related to services and safeguards for the construction of the world-class
modern shipbuilding base on Changxing Island.
Shan
Dan, Vice President of the Chongming District People's Court; Han Xiao, Chief
Judge of the Commercial Division of the Chongming District People's Court; and
Wang Qiuhong, Presiding Judge of the Changxing People's Tribunal of the
Chongming District People's Court, attended the press conference. The press
conference was presided over by He Ruipeng, Deputy Director of the General
Office and Spokesperson of the Chongming District People's Court.
Adopting
Multiple Measures to Strengthen Services and Safeguards
The
development of the shipbuilding and marine engineering equipment industry on
Changxing Island is an important component of the overall plan for building
Chongming into a world-class ecological island. In recent years, the Chongming
District People's Court has focused on the characteristics and needs of
industrial development on Changxing, continuously deepened the construction of
a law-based business environment, fully exercised its judicial functions, and
strived to provide strong judicial support and services for the development of
the shipbuilding and marine equipment industry on Changxing Island.
First,
precise judicial protection is provided to safeguard industrial development.
Crimes such as fraud that undermine the security of the shipbuilding industry
chain are forcefully combated to protect industrial security. Priority is given
to mediation with a combined approach of mediation and adjudication, and an
innovative "inter-court coordination + package-based dispute
resolution" mechanism is adopted to efficiently resolve conflicts and
disputes. Coordination between the government and the court is deepened to
promote the orderly market exit of "zombie enterprises", enhance
market vitality, and unleash new drivers of development.
Second,
a comprehensive service network is established to extend the reach of judicial
services. Ten measures have been introduced to support and safeguard the
construction of the world-class modern shipbuilding base on Changxing Island,
ensuring judicial services and safeguards are implemented thoroughly and
effectively. A workstation for litigation-mediation coordination has been
established in the Changxing Marine Equipment Industrial Park, and a law-based
observation point for green shipbuilding and marine engineering equipment has
been set up, continuously deepening a dual "online + in-person"
service model: Online services rely on digital litigation platforms to promote
"one-click dispute resolution", reducing litigation costs for
enterprises; offline services, including on-site service, scheduled hearings,
and coordinated mediation, improve litigation convenience.
Third,
grassroots governance is strengthened to enhance the visibility of the
rule-of-law brand. The local People's Tribunal actively develops a rule-of-law
cultural brand and integrates judicial services into the governance of
ship-related enterprises. By coordinating with judicial offices, police
stations, and safety offices, a "joint development between the tribunal
and local institutions" mechanism has been established to effectively
resolve conflicts and disputes. Relying on the "second secretary"
assigned by shipbuilding enterprises and embedded into the governance grid,
enterprise-related disputes are prevented at the source. An innovative "circuit
trials in the workshop" model has been introduced, allowing the
"Fengqiao Experience" of the new era to generate new momentum in the
modern shipbuilding base.
Releasing
Typical Cases to Safeguard the Marine Equipment Industry
At
this press conference, based on judicial practice, the Chongming District
People's Court selected 10 typical ship-related cases for release, covering
such areas as fraud crimes, house leasing, contracts for work, labor disputes,
compulsory liquidation of companies, construction engineering, and the sale of
special materials. These cases not only reflect the main types of ship-related
disputes but also reveal issues concerning corporate governance and contract
performance, thereby providing useful guidance for ship-related enterprises and
workers in preventing risks.
For
example, in a dispute over an employer's liability insurance contract involving
a shipbuilding enterprise, where there was a formal inconsistency in the
identity of the employer during the claim process, the People's Court returned
to the essence of the employment relationship and comprehensively determined
the existence of such relationship based on core evidence, including labor
contracts and wage payment vouchers. The case also urged insurance companies to
conduct substantive reviews during claims processes to avoid unreasonable
refusals to compensate, and it played a positive exemplary role in protecting
employers' lawful rights and interests and in regulating the order of the
employer's liability insurance market.
Another
example involves an application for enforcement of a labor arbitration case.
After the shipbuilding enterprise subject to enforcement voluntarily fulfilled
its payment obligations, it subsequently encountered operational difficulties
due to the disclosure of enforcement information. The People's Court, fully
considering the enterprise's fulfillment actions, lawfully assisted the
enterprise in restoring its credit by adopting the measures of
"information shielding + issuing a certificate", thereby helping
safeguard the enterprise’s development.
In
June of this year, the General Office of the Shanghai Municipal People's
Government issued the Implementation Plan for Building a World-Class Modern
Shipbuilding Base on Changxing Island in Shanghai (2025-2027). Judicial
services and safeguards must actively align with the strategic plans of the CPC
Central Committee for building a strong manufacturing nation and a strong
maritime nation, and must closely follow the new positioning, new tasks, and
new requirements set by the Municipal Committee and Municipal Government for
the industrial development of Changxing Island.
Next,
the Chongming District People's Court will further elevate its political
awareness and take proactive actions, fully exercising its judicial functions
to identify the points of alignment, entry points, and areas of focus for
judicial services and safeguards in support of the construction of the
world-class modern shipbuilding base on Changxing Island.
Representative
Comments
Hu
Hongyu, Deputy to the Chongming District People's Congress of Shanghai and
Deputy General Manager of Jiangnan Shipyard (Group) Co., Ltd.
Chongming
District is not only an important marine equipment manufacturing base in
Shanghai but also a core area for the construction of the world-class
ecological island. The Court has released targeted cases covering multiple
areas, which are typical to a certain extent and demonstrate the important role
of the judiciary in supporting and safeguarding the construction of the
world-class modern shipbuilding base on Changxing Island. It is hoped that the
Court will further strengthen the exemplary role of typical judgments, while
providing professional legal guidance and strong legal services to support
industrial development, thereby better optimizing a law-based business
environment.
Liang
Jinping, Member of the Shanghai Chongming District Committee of the Chinese
People's Political Consultative Conference, Member of the Jiusan Society
District Committee, and Director of the Economic Development Office of the
Changxing Town Government
The
typical cases released this time not only introduce the basic facts of the
cases, the judicial decisions, and their typical significance, but also explain
the legal viewpoints and bases underlying the judicial rulings. In particular,
these cases embody the organic unity of the "three effects" of
judicial adjudication and promote the substantive resolution of conflicts and
disputes through various dispute resolution methods such as judgments and
mediation. Going forward, it is hoped that the Court will continue to exercise
its judicial functions and ensure strong judicial services and safeguards for
the marine equipment industry.
《上海市崇明区人民法院服务保障长兴岛世界级现代化造船基地建设典型案例》.pdf
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