|
|
|
|
|
|
|
|
|
|
|
|
|
| Opinions of the Supreme People's Court on Further Providing Judicial Services and Guarantees by the People's Courts for the Belt and Road Initiative | | 最高人民法院关于人民法院进一步为“一带一路”建设提供司法服务和保障的意见 |
| (No. 29 [2019] of the Supreme People's Court) | | （法发〔2019〕29号） |
For the purposes of fulfilling the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, maximizing the role of judicial functions, and striving to create an international, law-based and convenient business environment with more stability, fairness, transparency and predictability for jointly building the Belt and Road with high quality, in accordance with the Several Opinions on Providing Judicial Services and Guarantees by the People's Courts for the Belt and Road Initiative | | 为贯彻落实习近平新时代中国特色社会主义思想，充分发挥司法职能作用，努力为高质量共建“一带一路”营造更加稳定公平透明可预期的国际化法治化便利化营商环境，在《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》(法发〔2015〕9号)的基础上进一步提出以下指导意见。 |
| I. Comprehensively grasping new requirements and new tasks in serving the Belt and Road Initiative | | 一、全面把握服务“一带一路”建设的新要求新任务 |
| 1. Accurately understanding the fundamental task of the people's courts in further providing judicial services and guarantees for the Belt and Road Initiative: Currently, the international community has reached a greater consensus on profoundly co-building the Belt and Road, the areas and scope covered by the Initiative have constantly expanded, the connectivity among the “six corridors and six channels serving multiple countries and ports” has been enhanced, and the cross-border economic corridors and the economic and trade cooperation have seen significant growth. The number of law-related fields has increased, legal relationships have become more complicated, and there has been more diversity in legal systems. Therefore, the creation of an international, law-based and convenient business environment with stability, fairness, transparency and predictability, based on a wider scope and strict rules is the common concern of all parties participating in co-building the Belt and Road; and it is also the essential task of the people's courts in fully serving and safeguarding the Initiative in the new era. | | 1.准确认识人民法院进一步为“一带一路”建设提供司法服务和保障的根本任务。当前，高质量共建“一带一路”的国际共识持续扩大，覆盖地区范围不断拓展，“六廊六路多国多港”互联互通更加深入，跨国经济走廊和经贸合作日益深化。法律领域更加广泛，法律关系更加复杂，法律体系更加多样。推动形成更广范围以规则为基础的稳定公平透明可预期的国际化法治化便利化营商环境，是高质量共建“一带一路”各方的共同关切，是新时代人民法院全方位服务保障“一带一路”建设的根本任务。 |
| 2. Keeping committed to the concept of further providing judicial services and guarantees by the people's courts for the Belt and Road Initiative: The people's courts shall firmly take the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the guideline, study and fulfill the spirit of the 19th CPC National Congress and the Second, Third, and Fourth Plenary Sessions of the 19th CPC Central Committee, as well as the essence in the key speech of General Secretary Xi Jinping on the Second Belt and Road Forum for International Cooperation. They shall also strengthen the consciousness of the need to maintain political integrity, think in big-picture terms, follow core leadership, and keep in alignment; increase confidence in the path, theory, system and culture of socialism with Chinese characteristics; and resolutely uphold General Secretary Xi Jinping's core position on the Party Central Committee and in the Party as a whole, and resolutely uphold the Party Central Committee's authority and its centralized, unified leadership. Furthermore, the people's courts shall continue to enhance their judicial functions, and stand firm in the promotion of economic globalization and trade liberalization with fair and efficient judicial services and guarantees. | | 2.始终坚定人民法院进一步为“一带一路”建设提供司法服务和保障的指导思想。人民法院要始终坚持以习近平新时代中国特色社会主义思想为指导，深入学习贯彻党的十九大和十九届二中、三中、四中全会精神和习近平总书记在第二届“一带一路”国际合作高峰论坛上的重要讲话精神，增强“四个意识”、坚定“四个自信”，做到“两个维护”，不断提升司法能力，以公正高效的司法服务与保障，坚定维护经济全球化和贸易自由化。 |
| 3. Correctly following the work principles based on which the people's courts further provide judicial services and guarantees for the Belt and Road Initiative: The people's courts shall work to serve the overall strategy, and take more measures to actively provide specific and effective legal guarantees for the reform and opening-up policy. They shall follow a demand-oriented approach, improve legal proceedings, strengthen the construction of litigation service centers, vigorously support the development of international arbitration and mediation, upgrade the new international commercial dispute resolution mechanism, and continuously meet the requirements of the participants in the Belt and Road Initiative for dispute resolution. They shall also carry forward the spirit of rule of law, intensify procedural justice, equally protect the lawful rights of concerned domestic and foreign parties, accurately apply international rules, actively participate in the development of international rules, and strive to engage in and guide the improvement of legal rules related to the Belt and Road Initiative. Furthermore, they shall continue to pursue reform and innovation, deepen judicial reform, promote transparency in judicial services, strengthen the development of smart courts, and further establish a fair, efficient, convenient, and cost-effective mechanism of dispute resolution. The people's courts shall uphold the green principle, conserve resources, protect ecological environment, proactively integrate the trial of cases related to environment and resources in China into the process of global environmental governance, and protect environmental interests and environmental security. Finally, they shall adhere to the strategy of wide consultation, joint construction and shared benefits, strengthen judicial exchanges with the countries participating in the Belt and Road Initiative, advance international judicial cooperation, enable think-tanks to play an important role, and work effectively to combine the efforts of judicial organs in co-building the Belt and Road Initiative. | | 3.正确把握人民法院进一步为“一带一路”建设提供司法服务和保障的工作原则。坚持服务大局，增强自觉性主动性，为改革开放提供有针对性、实效性的法治保障。坚持需求导向，完善诉讼程序，加强诉讼服务中心建设，大力支持国际仲裁、调解发展，完善新型国际商事争端解决机制，不断满足共建“一带一路”主体的纠纷解决需求。坚持弘扬法治，强化程序正义，依法平等保护中外当事人合法权利，准确适用国际规则，积极参与国际规则制定，努力做完善“一带一路”相关法治规则的参与者、引领者。坚持改革创新，深化司法改革、深化阳光司法、深化智慧法院建设，进一步构建公正高效便捷低成本的纠纷解决机制。坚持绿色原则，节约资源，保护生态环境，主动将中国环境资源审判融入全球环境治理进程，维护环境利益和环境安全。坚持共商共建共享，加强与 “一带一路”建设参与国的司法交流，强化国际司法合作，协调国际司法冲突，发挥智库作用，努力形成共建“一带一路”的法治合力。 |
| II. Further performing the role of judicial trials, and serving and guaranteeing the co-building of the Belt and Road with high quality in all aspects | | 二、进一步发挥审判职能作用，全方位服务保障高质量共建“一带一路” |
| 4. The people's courts shall strengthen the judicial cooperation on criminal matters, persistently combat corruptions, jointly promote the implementation of the Beijing Initiative for the Clean Silk Road, support transparency and compliance, and join hands to build a clean silk road. The people's courts shall also work with the judicial organs of other countries and regions along the Belt and Road to co-build a judicial anti-terrorism mechanism, curb the spread of terrorism, and jointly create a secure and stable environment for the Belt and Road Initiative. | | 4.加强刑事司法合作，以零容忍态度打击腐败，共同推动《廉洁丝绸之路北京倡议》的执行，促进阳光合规，携手建设廉洁丝绸之路。与沿线国和地区共建司法反恐机制，遏制恐怖主义蔓延，共同营造安全稳定的“一带一路”建设环境。 |
| 5. The people's courts shall protect the personal rights and property rights of concerned domestic and foreign parties, comprehensively apply the principles of territorial jurisdiction, personal jurisdiction and protective jurisdiction, exercise their respective jurisdictions according to law, prevent and redress foreign-related violations, punish criminal acts that infringe upon personal rights or property rights, adequately try foreign-related administrative cases according to law, protect the lawful rights and interests of concerned parties, and make the participants in the Belt and Road Initiative feel more secure. | | 5.充分保护中外当事人人身权、财产权，综合运用属地、属人、保护性管辖等原则，依法行使司法管辖权，及时制止和救济涉外侵权，依法惩处损害人身权、财产权的犯罪行为，依法妥善审理涉外行政案件，维护当事人合法利益，增强共建“一带一路”主体的安全感。 |
| 6. The people's courts shall resolutely support multilateralism, follow the spirit of the Initiative on Promoting Unimpeded Trade Cooperation along the Belt and Road in international trade and cross-border trade disputes, and apply the relevant rules of determining the contract validity and liabilities in civil and commercial cases involving free trade agreements or cooperation documents signed between China and other countries. They shall also support the free flow of goods, funds, technologies and personnel, and give impetus to a global economy that is more open, inclusive, balanced, and beneficial to all. | | 6.坚定支持多边主义，在国际贸易和边境贸易纠纷中，按照《推进“一带一路”贸易畅通合作倡议》的精神，对涉及与我国签订自由贸易协定及合作文件的国家的涉外民商事案件，依法适用有关规则认定合同效力和合同责任，支持商品、资金、技术、人员自由流通，大力推动经济全球化朝着更开放、包容、普惠、平衡、共赢的方向发展。 |
| 7. The people's courts shall promote the development of international logistics, explore a special mechanism of hearing cases related to international shipping, China-Europe express trains, new land and sea corridors, and international highway transport, correctly apply governing laws and international conventions, and support the improvement of international logistics rules such as international multi-modal transport of goods and cross-border railway documents. They shall also work to safeguard the connectivity among “six corridors and six channels serving multiple countries and ports”, such as the New Eurasian Land Bridge and other economic corridors. | | 7.依法促进国际物流发展，探索国际海运、中欧班列、陆海新通道、国际公路运输案件的专业化审判机制，正确适用准据法及国际公约，促进国际货物多式联运、跨国铁路单证等国际物流规则完善，努力保障以新亚欧大陆桥等经济走廊为引领的“六廊六路多国多港”互联互通。 |
8. The people's courts shall support the opening-up policy in the financial sector. The exemplary role of financial courts shall be maximized. Eligible courts shall be encouraged to build special trial teams for financial cases. The application of law in foreign-related financial cases shall be further regulated and standardized. Close attention shall be paid to studying legal issues such as special loans for the Belt and Road Initiative, the Silk Road Fund, various special investment funds, Silk Road-related bonds, multilateral cooperation for development finance, and export credit insurance. Valuable experiences of foreign countries in efficiently hearing financial cases shall be drawn upon, and financial institutions from other countries shall be supported in participating in investment and financing for the Belt and Road Initiative.
．．．．．． | | 8.依法服务金融领域开放，充分发挥金融法院示范作用，鼓励有条件的法院建立专门审判团队，进一步规范和统一涉外金融法律适用，密切关注研究涉“一带一路”建设专项贷款、丝路基金、各类专项投资基金、丝路主题债券、多边融资开发合作、出口信用保险的法律问题，借鉴国际经验高效审理有关案件，支持多边和各国金融机构参与共建“一带一路”投融资。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥600.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | | | | | | |
Scan QR Code and Read on Mobile
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. Lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials as we dynamically expand content.
|
|
|
|
|
|