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Several Opinions of the Supreme People's Court on Providing Judicial Services and Safeguards for the Construction of the “Belt and Road” by People's Courts [Effective]
最高人民法院关于人民法院为“一带一路”建设提供司法服务和保障的若干意见 [现行有效]
【法宝引证码】

Several Opinions of the Supreme People's Court on Providing Judicial Services and Safeguards for the Construction of the “Belt and Road” by People's Courts 

最高人民法院关于人民法院为“一带一路”建设提供司法服务和保障的若干意见

(No. 9 [2015] of the Supreme People's Court) (法发〔2015〕9号)

The Silk Road Economic Belt and the 21st Century Maritime Silk Road (hereinafter referred to as the “Belt and Road”) are major strategic decisions made by the CPC Central Committee with the General Secretary Xi Jinping for voluntarily responding to profound changes in global situations and making an overall planning for domestic and international situations. In order to bring the trial functions and roles of the people's courts into full play and effectively serve and safeguard the smooth implementation of the construction of the “Belt and Road,” the guiding opinions are raised as follows: “一带一路”(丝绸之路经济带和21世纪海上丝绸之路),是以习近平同志为总书记的党中央,主动应对全球形势深刻变化、统筹国内国际两个大局作出的重大战略决策。为充分发挥人民法院审判职能作用,有效服务和保障 “一带一路”建设的顺利实施,提出以下指导意见。
I. Unifying Thoughts, Deepening Understanding, and Effectively Enhancing the Sense of Responsibility and Mission for Providing Judicial Services and Safeguards for the Construction of the “Belt and Road” 一.统一思想,提高认识,切实增强为“一带一路”建设提供司法服务和保障的责任感与使命感
1. The great significance of the construction of the “Belt and Road” and the important mission shouldered by the people's courts shall be profoundly comprehended. The “Belt and Road” shall inherit and carry forward the spirit of the ancient silk road of “peace and cooperation, openness and tolerance, mutual learning and reference, and mutual benefit and win-win,” hold high the banner of “peace, development, cooperation, and win-win,” uphold the diplomatic concept of good neighbor relationship, trust, mutual benefit, and tolerance, and observe the principle of co-decision, co-building, and sharing, with the aim to reach consensus and pool strength of various countries, realize the blueprint of “policy communication, road interconnection, smooth trade, currency circulation, and consensus of popular support,” and create a community of interests, a common future, and responsibilities with political mutual trust, economic integration, and cultural tolerance. The implementation of the construction of the “Belt and Road” is to produce practical and far-reaching impacts on initiating China's new pattern of all dimensional opening to the outside world, driving economic growth, and promoting peaceful development. In the construction of the “Belt and Road,” rule by law is an important safeguard and judicial functions are indispensable. The people's courts at various levels shall thoroughly study and implement major decisions on the construction of the “Belt and Road” of the Party and state as well as a series of important exposition made by the General Secretary Xi Jinping, fully comprehend the honorable duties they shoulder, voluntarily undertake the mission of the age, and take the initiative to serve and integrate in the construction process of the “Belt and Road.” 1.深刻认识“一带一路”建设的重大意义和人民法院肩负的重要使命。“一带一路”传承和发扬古代丝绸之路“和平合作、开放包容、互学互鉴、互利共赢”精神,高举和平、发展、合作、共赢旗帜,秉持亲诚惠容的外交理念,遵循共商、共建、共享原则,旨在凝聚各国共识和力量,实现政策沟通、道路联通、贸易畅通、货币流通、民心相通的“五通”蓝图,打造政治互信、经济融合、文化包容的利益共同体、命运共同体和责任共同体。“一带一路”建设的实施,将对开创我国全方位对外开放新格局、推动经济增长、促进和平发展产生现实而深远的影响。在“一带一路”建设中,法治是重要保障,司法的作用不可或缺。各级人民法院要深入学习贯彻党和国家关于“一带一路”建设的重大决策以及习近平总书记的系列重要论述,充分认识肩负的神圣职责,自觉担当时代使命,主动服务和融入“一带一路”建设进程。
2. The people's courts shall accurately comprehend the connotation and basic requirements of judicial services and safeguards for the construction of the “Belt and Road.” They shall actively respond to the judicial concerns and demands of both Chinese and foreign market players, greatly strengthen the judicial review of foreign-related criminal, civil and commercial, maritime, and international commercial and maritime arbitrations and the trial of free trade zone-related cases, and create a sound legal environment for the construction of the “Belt and Road.” They shall implement the legal principle of legal equality in a comprehensive manner, uphold the equal protection of the lawful rights and interests of Chinese and foreign parties, and make efforts to effectively maintain the regional cooperation environment for fair competition, integrity, and harmony and win-win. They shall make an overall planning and coordination, identify the joint point and acting point of the work of the people's courts and the construction of the “Belt and Road,” and raise the level of foreign-related trials by the people's courts in an all-round manner by researching regularities, highlighting perspectiveness, and being innovative. Based on China's reality, the people's courts shall follow unswervingly the socialist road of rule by law with Chinese characteristics and actively carry out international judicial cooperation and exchange with countries along the “Belt and Road,” and lay a sound foundation of rule by law for the construction of the “Belt and Road.” 2.准确把握“一带一路”建设司法服务和保障的内涵与基本要求。要积极回应“一带一路”建设中外市场主体的司法关切和需求,大力加强涉外刑事、涉外民商事、海事海商、国际商事海事仲裁司法审查和涉自贸区相关案件的审判工作,为“一带一路”建设营造良好法治环境。要全面贯彻法律平等原则,坚持平等保护中外当事人的合法权益,有效维护公平竞争、诚实守信、和谐共赢的区域大合作环境。要全面统筹协调,找准人民法院工作与“一带一路”建设的结合点和着力点,研究规律性,突出前瞻性,富于创新性,全面提升人民法院涉外审判工作水平。要立足我国实际,坚定不移走中国特色社会主义法治道路,积极开展与沿线各国的司法国际合作交流,夯实“一带一路”建设的法治基础。
II. Bringing the Functions and Roles of Trials into Full Play and Improving the International Credibility of Judicial Services and Safeguards for the Construction of the “Belt and Road”   二、充分发挥审判职能作用,提升“一带一路”建设司法服务和保障的国际公信力
3. The people's courts shall bring the functions and roles of criminal trials into full play and create a harmonious and stable social environment for the construction of the “Belt and Road.” They shall strengthen the criminal trial work, deepen the criminal judicial cooperation with countries along the “Belt and Road,” severely crack down on violent and terrorist forces, separatist forces, and religious extremist forces, and severely punish such cross-boundary crimes as piracy, drug trafficking, smuggling, money laundering, telecommunication fraud, cyber crime, and human trafficking. They shall properly try criminal cases in fields of international investment, international trade, multi-national finance, port, shipping, warehousing, and logistics, adhere to legally prescribed punishments for specified crimes, strictly follow the case-handling procedures, grasp the dimension of criminal policies and the boundary between crimes and non-crimes, and ensure that each case withstands the tests of law and history. 3.充分发挥刑事审判职能作用,为“一带一路”建设营造和谐稳定的社会环境。要加强刑事审判工作,深化与“一带一路”沿线国家刑事司法合作,严厉打击暴力恐怖势力、民族分裂势力、宗教极端势力,严厉惩处海盗、贩毒、走私、洗钱、电信诈骗、网络犯罪、拐卖人口等跨国犯罪。要妥善审理国际投资、国际贸易、跨国金融、港口、航运、仓储、物流等领域刑事案件,坚持罪刑法定,严格办案程序,把握好刑事政策尺度和罪与非罪界限,确保每一起案件都经得起法律和历史的检验。
4. The people's courts shall try cases concerning the construction of the “Belt and Road' in a fair and efficient manner and create fair and impartial business investment environment. They shall pay close attention to such international economic cooperation as the building of the New Asia-Europe Continental Bridge Economic Corridor, try foreign-related civil and commercial cases concerning infrastructure development, economic and trade exchanges, industrial investment, energy resource cooperation, financial services, ecological environment, intellectual property rights, freight transport, and labor cooperation in a timely manner, and positively guarantee the implementation of the “bringing in” and “going out” strategies according to the law. They shall pay close attention to the construction of such maritime strategic channels as major ports and shipping hubs, properly try maritime cases concerning port construction, shipping finance, carriage of goods by sea, and marine ecological protection in a timely manner, and promote the maritime power strategy according to the law. They shall accurately comprehend and grasp the relevant provisions and policies on the “pre-access national treatment” and “negative list” related to the construction of free trade zones, properly handle the relationship between the party autonomy and the administrative approval, amend and adjust the relevant judicial policies in a timely manner, strictly restrict the scope of determining the invalidity of contracts, and promote opening to the outside world. They shall strictly implement the principle of equal protection of Chinese and foreign parties and adhere to the equal litigation status, equal application of law, and equal legal liability of various market players. 4.公正高效审理涉“一带一路”建设相关案件,营造公平公正的营商投资环境。要密切关注新亚欧大陆桥经济走廊建设等国际经济合作,依法及时审理相关的基础设施建设、经贸往来、产业投资、能源资源合作、金融服务、生态环境、知识产权、货物运输、劳务合作等涉外民商事案件,依法积极保障“走出去”“引进来”战略实施。要密切关注重点港口、航运枢纽等海上战略通道建设,依法及时妥善审理相关的港口建设、航运金融、海上货物运输、海洋生态保护等海事海商案件,依法促进海洋强国战略。要正确理解和把握自贸区建设有关“准入前国民待遇”和“负面清单”的相关规定和政策,处理好当事人意思自治与行政审批的关系,及时修订和调整相关司法政策,严格限制认定合同无效的范围,促进对外开放。要严格贯彻对中外当事人平等保护原则,坚持各类市场主体的诉讼地位平等、法律适用平等、法律责任平等。
5. The people's courts shall exercise jurisdiction according to the law and provide Chinese and foreign market players with timely and effective judicial remedies. They shall fully respect the right of Chinese and foreign market players engaging in the construction of the “Belt and Road” to select jurisdiction by agreement and by amicable negotiation with countries along the “Belt and Road” and thoroughly carrying out judicial cooperation, reduce international conflicts in foreign-related jurisdiction, and properly resolve issues of international parallel proceedings. They shall observe international treaties and practices, determine connecting factors of cases involving countries along the “Belt and Road” in a scientific and reasonable manner, and exercise jurisdiction according to the law. They shall not only maintain China's jurisdiction, but respect jurisdiction of countries along the “Belt and Road,” so as to fully safeguard the litigation rights of Chinese and foreign market players engaging in the construction of the “Belt and Road.” They shall strictly implement the Provisions of the Supreme People's Court on Several Issues concerning the Registration and Docketing of Cases by People's Courts. For cases concerning the construction of the “Belt and Road” that should be accepted according to the law, they shall receive the complaints, register and docket such cases on the spot, render judgments as soon as possible, and resolve disputes in a timely manner. They shall further improve systems for ascertaining the identities of the parties, conducting overseas evidence review, and testifying in court by overseas witnesses, so as to facilitate the litigation of Chinese and foreign parties to the maximum extent. 5.依法行使司法管辖权,为中外市场主体提供及时、有效的司法救济。要充分尊重“一带一路”建设中外市场主体协议选择司法管辖的权利,通过与沿线各国友好协商及深入开展司法合作,减少涉外司法管辖的国际冲突,妥善解决国际间平行诉讼问题。要遵循国际条约和国际惯例,科学合理地确定涉沿线国家案件的连结因素,依法行使司法管辖权,既要维护我国司法管辖权,同时也要尊重沿线各国的司法管辖权,充分保障“一带一路”建设中外市场主体的诉讼权利。要严格落实《最高人民法院关于人民法院登记立案若干问题的规定》,对依法应当受理的涉“一带一路”建设相关案件,一律接收诉状,当场登记立案,依法尽快做出裁判,及时解决纠纷。要进一步完善境外当事人身份查明、境外证据审查、境外证人作证等制度,最大限度方便中外当事人诉讼。
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