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| Opinions of the Supreme People's Court on Providing Judicial Services and Guarantees for Hainan to Comprehensively Deepen Reform and Opening Up | | 最高人民法院关于为海南全面深化改革开放提供司法服务和保障的意见 |
| (No. 16 [2018] of the Supreme People's Court) | | （法发〔2018〕16号） |
| For the purposes of thoroughly studying and implementing Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era and the spirit of the 19th CPC National Congress, earnestly carrying out the major decisions and arrangements of the CPC Central Committee with Comrade Xi Jinping as the core in relation to supporting Hainan in comprehensively deepening the reform and opening up, maximizing the functions and roles of people's courts, and promoting the construction of the China (Hainan) Pilot Free Trade Zone and a free trade port with Chinese characteristics, according to the Guiding Opinions of the CPC Central Committee and the State Council on Supporting Hainan in Comprehensively Deepening Reform and Opening Up and the Opinions of the Supreme People's Court on Providing Judicial Guarantee for the Building of Pilot Free Trade Zones, the following opinions are hereby developed. | | 为深入学习贯彻习近平新时代中国特色社会主义思想和党的十九大精神，认真贯彻落实以习近平同志为核心的党中央关于支持海南全面深化改革开放的重大决策部署，充分发挥人民法院职能作用，推动海南自由贸易试验区和中国特色自由贸易港建设，根据《中共中央国务院关于支持海南全面深化改革开放的指导意见》和《最高人民法院关于为自由贸易试验区建设提供司法保障的意见》，制定如下意见。 |
| I. Effectively improving political positions and enhancing the sense of responsibility and mission to provide judicial services and guarantees for Hainan to comprehensively deepen the reform and opening up | | 一、切实提高政治站位，增强为海南全面深化改革开放提供司法服务和保障的责任感、使命感 |
| 1. Profoundly understanding the significance that Hainan comprehensively deepens the reform and opening up and further clarifying the historical mission shouldered by people's courts. Assigning a new mission of reform and opening up to Hainan Special Economic Zone against the backdrop that socialism with Chinese characteristics has been in a new era is a major national strategy personally planned, deployed, and promoted by General Secretary Xi Jinping and is conducive to improving and developing socialism with Chinese characteristics, accelerating the promotion of the formation of a new pattern of comprehensive opening up, and building Hainan into a spot light of socialism with Chinese characteristics in the new era. The people's courts at all levels shall always adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era, adhere to the general keynote of seeking progress in stability, adhere to the new development concept, accurately grasp the guiding ideology, strategic positioning, basic principles, and development objectives for Hainan to comprehensively deepen the reform and opening up, give full play to judicial functions, try relevant cases in a lawful, fair and efficient manner, deepen the reform of the judicial system, strengthen the construction of smart courts, continuously improve or raise judicial capabilities and level, and provide powerful judicial services and guarantees for building Hainan into a pilot zone to comprehensively deepen the reform and opening up, a national ecological civilization pilot zone, an international tourism consumption center, and a service and guarantee zone for national major strategies. | | 1．深刻认识海南全面深化改革开放的重大意义，进一步明确人民法院肩负的历史使命。在中国特色社会主义进入新时代的大背景下，赋予海南经济特区改革开放新的使命，是习近平总书记亲自谋划、亲自部署、亲自推动的重大国家战略，有利于完善和发展中国特色社会主义制度，加快推动形成全面开放新格局，把海南建设成为新时代中国特色社会主义新亮点。各级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，坚持稳中求进工作总基调，坚持新发展理念，准确把握海南全面深化改革开放的指导思想、战略定位、基本原则和发展目标，充分发挥司法职能，依法公正高效审理相关案件，深化司法体制改革，加强智慧法院建设，不断提升司法能力和水平，为把海南建设成为全面深化改革开放试验区、国家生态文明试验区、国际旅游消费中心、国家重大战略服务保障区提供有力司法服务和保障。 |
| 2. Accurately finding the entry point and combination point for providing judicial services and guarantees for Hainan to comprehensively deepen the reform and opening up. The rule-of-law thinking shall be adhered to, the focus shall be on serving and guaranteeing the key fields when Hainan comprehensively deepens the reform and opening up, new situations shall be seriously studied, new problems shall be resolved, judicial policies shall be formulated in a timely manner, judicial interpretations shall be issued, and working mechanisms shall be improved, so as to ensure scientific decision-making and effective implementation. The awareness of overall situation shall be heightened, a unified coordination mechanism shall be established and improved, and the functions and roles of the First Circuit Court of the Supreme People's Court shall be given full play, so as to ensure that all the work is coordinated and efficient. The trial mechanism shall be improved, working methods shall be innovated, the quality and effect of trials shall be improved, the rules of adjudication shall be refined, and the standards of adjudication shall be harmonized, so as to effectively improve or raise the capability and level of judicial services and guarantees. | | 2．找准为海南全面深化改革开放提供司法服务和保障的切入点、结合点。坚持法治思维，聚焦服务保障海南全面深化改革开放中的重点领域，认真研究新情况、解决新问题，及时制定司法政策、出台司法解释、完善工作机制，确保决策科学、执行有效。增强大局意识，建立健全统一协调机制，充分发挥最高人民法院第一巡回法庭职能作用，确保各项工作协同、高效。完善审判机制，创新工作方法，提高审判质效，提炼裁判规则，统一裁判尺度，切实提高司法服务保障能力和水平。 |
| II. Giving full play to judicial functions and driving Hainan to establish a legalized, internationalized, and convenient business environment and a fair, open and unified market environment | | 二、充分发挥司法职能，推动海南构建法治化、国际化、便利化的营商环境和公平开放统一的市场环境 |
| 3. Strengthening criminal trials and severely cracking down on various crimes affecting Hainan's comprehensive deepening of the reform and opening up. Various crimes, especially smuggling, money laundering, tax evasion, illegal fund-raising and other economic crimes involving key areas of the reform and opening up in Hainan, shall be punished according to the law, so as to maintain the market order and guarantee social stability. | | 3．加强刑事审判，严厉打击影响海南全面深化改革开放的各类刑事犯罪。依法惩治各类刑事犯罪，特别是走私、洗钱、逃税、非法集资等涉及海南改革开放重点领域的经济犯罪，维护市场秩序，保障社会稳定。 |
| 4. Strengthening administrative trials and supporting the transformation of government functions in accordance with the law. Hainan courts shall be supported in exploring cross-regional centralized jurisdiction over administrative cases, serving and guaranteeing the administrative system reform according to the law, boosting the reform of simplification of administrative procedures, devolution of powers, combination of devolution and regulation, and optimization of services, and contributing to the government improving its governance capabilities. The free trade pilot zone and the free trade port shall be supported in accordance with the law in implementing a high-level trade and investment liberalization and facilitation policy and fully carrying out the pre-access national treatment plus negative list administration system for foreign capital. Administrative cases in the pilot free trade zone in people's livelihood and social security, domestic and foreign trade, investment and financing, finance and tax, financial innovation, entry and exit administration, and other aspects shall be tried according to the law, and the building of a more flexible policy system, regulatory mode, and administrative system shall be served. | | 4．加强行政审判，依法支持政府职能转变。支持海南法院探索行政案件跨区域集中管辖，依法服务保障行政体制改革，推动深化简政放权、放管结合、优化服务改革，助力政府提升治理能力。依法支持自由贸易试验区和自由贸易港实行高水平的贸易和投资自由化便利化政策，对外资全面实行准入前国民待遇加负面清单管理制度。依法审理自由贸易试验区内民生社保、内外贸、投融资、财政税务、金融创新、出入境管理等方面的行政案件，服务建设更加灵活的政策体系、监管模式和管理体制。 |
5. Strengthening civil and commercial trials and serving the building of a modern economic system. The protection of property rights shall be strengthened, and the building of government integrity and the business environment shall be supported in accordance with the law. Unfair competition and monopoly cases shall be tried as legally required to maintain a unified market and fair competition. Cases involving reforms of agricultural reclamation projects or state-owned farms shall be tried in accordance with the law, so as to promote the group-oriented and farm-oriented reform of reclamation areas. Cases related to expropriation of rural land, marketing of commercial collective land for construction use, and the homestead system reform shall be duly dealt with, so as to serve the effective implementation of related reform policies. Civil and commercial cases in key fields for opening up, such as the seed industry, medical care, education, sports, telecommunications, Internet, culture, maintenance, finance, and shipping, shall be tried in accordance with the law, and the opening up of modern agricultural industries, high-tech industries, and modern service industries shall be boosted. Contract dispute cases shall be tried in accordance with the law to promote fair trade. Company dispute cases shall be tried in accordance with the law, and market participants and social entities shall be encouraged to conduct innovation and start businesses. Military-related cases shall be tried in accordance with the law to prompt integrated military and civilian development.
．．．．．． | | 5．加强民商事审判，服务建设现代化经济体系。加强产权保护，依法支持政务诚信和营商环境建设。依法审理不正当竞争和垄断案件，维护统一市场和公平竞争。依法审理涉农垦项目和国有农场改革的案件，推动垦区集团化、农场化改革。妥善处理与农村土地征收、集体经营性建设用地入市、宅基地制度改革相关的案件，服务相关改革政策落实落地。依法审理种业、医疗、教育、体育、电信、互联网、文化、维修、金融、航运等重点开放领域的民商事案件，推动现代农业、高新技术产业、现代服务业对外开放。依法审理合同纠纷案件，促进公平交易。依法审理公司纠纷案件，鼓励市场主体和社会主体创新创业。依法审理涉军案件，促进军民融合发展。
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