


To carry out the deployment and requirements of the Central Committee of the Communist Party of China and the State Council, to give full play to judicial functions, and to provide strong judicial services and support for Pudong's high-level reform and opening-up and its development as a leading area for socialist modernization, the Shanghai High People's Court ( hereinafter referred to as "Shanghai High Court") held an online press conference on March 9, 2022, and released the Implementation Plan of the Shanghai High People's Court on Supporting and Safeguarding Pudong's High-level Reform and Opening-up and Its Development as a Leading Area for Socialist Modernization (hereinafter referred to as the Implementation Plan) and the Implementation Measures of Shanghai Pudong New Area People's Court on Serving and Safeguarding Pudong's High-level Reform and Opening-up and Its Development as a Leading Area for Socialist Modernization (hereinafter referred to as the Implementation Measures). Chen Chang, vice president of Shanghai High Court, Zhu Dan, president of Shanghai Pudong New Area People's Court (hereinafter referred to as "Pudong Court"), and Zheng Tianyi, director of Shanghai High Court's Research Office, attended the press conference. Li Zeli, spokesman and director of the Legal Publicity Division of Shanghai High Court, presided over the press conference. According to Chen Chang, the Implementation Plan is divided into three parts: general requirements, main measures and organizational support. The part of main measures proposes 39 specific measures from 12 aspects aimed to promote the establishment and improvement of a judicial support system in line with Pudong's bold experiments, bold attempts, and independent reforms. During the formulation process, the Shanghai High Court basically followed the work requirements determined by the relevant opinions of the Supreme People's Court and added such contents as improving the modern litigation service system, creating world-class business environment, strengthening bankruptcy trials, supporting the government's innovation in service and management methods, promoting urban digital transformation, and strengthening the enforcement of comprehensive governance mechanism. They are aimed to ensure the achievement of three goals, that is, each measure has its authoritative foundation, serves and supports the overall interests of the central work, and is closely integrated with the trial practice. And three highlights are underlined, that is, highlighting strategic priorities, emphasizing reform and innovation, and benchmarking international first-class standards. Take the creation of an international first-class business environment as an example. The Implementation Plan requires to improve and perfect the international commercial adjudication system and mechanism and the law application mechanism for international commercial disputes to accommodate the development of Pudong as a leading-area. The Plan also requires to promote the judicial service and support mechanism for the introduction of global high-end talents and the judicial protection system for property rights, to support Pudong in activating the new impetus for high-quality development, and to give full play to the basic advantages of the people's courts in resolving international commercial disputes. In terms of strengthening bankruptcy trials, the Implementation Plan requires to precisely grasp the core legislative ideas of the Several Provisions on Improving Law-based Market Management and Enterprise Bankruptcy System in Shanghai Pudong New Area, to promote the full and accurate implementation of the new provisions, and to explore the improvement of bankruptcy trial regulation system meeting the needs of high-quality development. The Plan also requires to accelerate the optimization and improvement of the government-court coordination mechanism on bankruptcy work in Pudong New Area, to cooperate with relevant government departments on establishing and improving the bankruptcy information collection, sharing and publicity system, and to promote the establishment of a credit restoration mechanism for reorganized enterprises other than those in normal operation. Further efforts should be made to form a complete and strong staff for the bankruptcy trial court of Pudong Court and accelerate the development of a high-level professional bankruptcy trial court. The Implementation Plan also specifies the promotion of urban digital transformation, requiring to strengthen the trial of Internet cases, promote the construction of Shanghai Internet Adjudication Research Center, form practical Internet platform governance rules, and promote normalized development of the Internet industry. According to Chen Chang, in the next step, the Shanghai High Court will make practical and firm efforts to advance all relevant work comprehensively. It will strengthen the tracking and enforcement of the Implementation Plan and the periodic evaluation work, determine the division of responsibilities, establish a work ledger, clarify specific time nodes and completion progress, pay attention to the ways of enforcing the Implementation Plan, establish an evaluation and commenting mechanism for the enforcement, find out the problems in the enforcement process in time, address difficulties and pain points, and focus on solving problems. At today's press conference, the Implementation Measures was released simultaneously by the Pudong Court. Including 30 service and support measures in 10 aspects, the Implementation Measures focuses on the critical areas and key tasks of the leading-area development, and aims to help build Pudong into a preferred place for domestic and foreign innovation and entrepreneurship, for civil and commercial litigation, for element aggregation, and for agreeable living and pleasant business operation. The specific measures of the Implementation Measures are divided into three layers. The first layer focuses on building Pudong into a core area of Shanghai as an international science and technology innovation center, an international financial center, an international trade center, and an international consumption center, on strengthening the trial work of cases involving intellectual property, finance, foreign-related commercial affairs and consumer rights protection, on innovating the trial working mechanism, on improving the quality and efficiency of trials, on resolving conflicts and disputes effectively, and on improving the judicial authority and credibility for serving and supporting the development of Pudong New Area as a leading-area. The second layer focuses on giving full play to the functions of criminal and administrative trials to fully promote the development of a safe Pudong and a law-based Pudong, on establishing and improving the bankruptcy trial mechanism to help optimize the business environment in Pudong, and on comprehensively strengthening enforcement to allow the rights and interests won over to be fulfilled timely. Centering around the goal of "allowing the people to truly feel that fairness and justice are close at hand", the third layer focuses on further improving the capacity of litigation services for the people to truly feel the temperature, speed and precision of justice, and on strengthening the governance of complaint sources, deepening the construction of diversified dispute resolution mechanisms, promoting the rapid resolution of conflicts and disputes, and advancing the modernization of municipal social governance. When answering reporters' questions, Zhu Dan said that the Pudong Court would focus on four aspects in the future. Firstly, it will comprehensively enforce higher judicial protection of intellectual property rights, accurately grasp the rules of evidence and proof standards, enforce greater punitive damages, and explore innovative intellectual property trial mechanisms. Secondly, it will comprehensively strengthen the judicial protection of financial affairs, improve the working mechanism of financial trials, promote the joint governance of financial disputes, and strive to create a high ground for financial dispute resolution. Thirdly, it will vigorously promote foreign-related commercial trials, fully integrate international common rules, actively exercise judicial jurisdiction, and improve the ways of service abroad and assistance in investigation and evidence collection. Finally, it will effectively protect the legitimate rights and interests of consumers, increase the protection of consumers' rights to health, improve the cross-border consumer dispute resolution mechanism, innovate the consumer rights protection trial mechanism, and explore the establishment of a professional mediation center for consumer rights protection cases. Shanghai is China's international trade center, international shipping center, and international financial center. To push ahead with the development of Pudong as a leading area and a pioneer of higher-level reform and opening-up requires even more efforts in foreign-related legal work. In recent years, foreign-related cases handled by Shanghai courts have continued to increase. In 2021, the number of foreign-related cases of the first instance reached 3,429, a year-on-year increase of 6.33%. When answering questions from reporters, Zheng Tianyi said that the Implementation Plan, in combination with the judicial needs of Pudong's leading-area development, made specific arrangements for the development of Shanghai courts' foreign-related judicial systems and judicial capacities from six aspects. Firstly, the foreign-related commercial adjudication mechanism will be further improved. To meet the special needs of developing a free investment and trade system in the China (Shanghai) Pilot Free Trade Zone and the Lin-gang Special Area, Shanghai courts will strengthen the development of international commercial trial organization, improve the centralized handling mechanism for foreign-related commercial cases, and accurately implement the Foreign Investment Law and its judicial interpretations. Secondly, diversified resolution mechanism for international commercial disputes will be innovated. Shanghai courts will improve the "one-stop" dispute resolution platform for foreign-related commercial disputes that organically connects mediation, arbitration and litigation, encourage well-known overseas arbitration and commercial dispute resolution institutions to set up business offices in Pudong New Area, and help build Pudong into a first-class international commercial dispute resolution center. Thirdly, the legal identification and application mechanism for international commercial disputes will be improved. Shanghai courts will explore the introduction of foreign law identification experts into litigations as expert witnesses, establish a mechanism for introducing internationally renowned third-party appraisal institutions into litigations, promote the establishment of an institutional system linked to international common rules, and promote the development of a legal system applicable outside China's jurisdiction. Fourthly, more endeavors will be made on the research into frontier issues of maritime justice. Focus shall be made on strengthening the research into the application of laws in the innovative development of shipping businesses, such as shipping finance, international shipping, international ship registration management, and international shipping economy, and on promoting the construction of an international maritime judicial center with high international influence. Fifthly, efforts across-the-board will be made to intensify foreign-related financial trials. Shanghai courts will properly try financial civil and commercial cases arising from new types of business, exercise jurisdiction over foreign-related financial disputes in accordance with the law, actively play the demonstration function of financial cases, and explore the establishment of a guiding mechanism for international financial trial cases. Sixthly, the training of foreign-related legal talents will be strengthened. Shanghai courts will establish and improve a foreign-related legal talent training, introduction, and exchange mechanism meeting with Pudong's development as a leading-area, cultivate a foreign-related trial team with an international perspective, and improve the supporting mechanism for judges to participate in foreign exchanges and foreign-related trainings. Implementation Plan of the Shanghai High People's Court on Supporting and Safeguarding Pudong's High-level Reform and Opening-up and Its Development as a Leading Area for Socialist Modernization.doc
Implementation Measures of Shanghai Pudong New Area People's Court on Serving and Safeguarding Pudong's High-level Reform and Opening-up and Its Development as a Leading Area for Socialist Modernization.docx
