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| Several Opinions of the Higher People's Court of Shanghai on Providing Judicial Services and Guarantees for the Building of Shanghai International Shipping Center | | 上海市高级人民法院关于为上海国际航运中心建设提供司法服务与保障的若干意见 |
| (July 17, 2018) | | （2018年7月17日） |
| For the purposes of better exploiting the functional role of Shanghai courts and contributing to the building of the Shanghai International Shipping Center with highly concentrated shipping resources, sound shipping service functions, a good shipping market environment, efficient modern logistics services, and capabilities to allocate global shipping resources, according to the spirit of the Opinions of the State Council on Helping Shanghai Accelerate the Development of Its Modern Service Industry and Its Advanced Manufacturing Industry and Building Shanghai into an International Financial Center and an International Shipping Center and the CPC Shanghai Municipal Committee's Opinions on Enhancing Shanghai's Urban Capacity and Core Competitiveness Oriented to the World and the Future and Regulation on Shanghai Municipality Advancing the Building of an International Shipping Center, among others, based on the actual work of Shanghai courts, the following opinions are hereby offered. | | 为更好地发挥上海法院的职能作用，助力建设航运资源高度集聚、航运服务功能健全、航运市场环境优良、现代物流服务高效，具有全球航运资源配置能力的上海国际航运中心，根据国务院《关于推进上海加快发展现代服务业和先进制造业建设国际金融中心和国际航运中心的意见》、上海市委《关于面向全球面向未来提升上海城市能级和核心竞争力的意见》以及《上海市推进国际航运中心建设条例》等精神，结合上海法院工作实际，提出如下意见。 |
| I. Voluntarily heightening the awareness of serving the overall situation and taking the initiative to adapt to the development of the shipping market | | 一、自觉增强服务大局意识，主动因应航运市场发展 |
| 1. Profoundly understanding the importance of judicial services and guarantees for the building of the Shanghai International Shipping Center. Accelerating the building of the Shanghai International Shipping Center is a major national development strategy determined by the CPC Central Committee and the State Council from a broad-view perspective. Over recent years, the establishment of the China (Shanghai) Pilot Free Trade Zone and the implementation of new national strategies, such as the Belt and Road Initiative and the Yangtze River Economic Belt, have brought new opportunities and space for the development of the Shanghai shipping market as well as higher requirements for the capabilities and level of judicial services and guarantees of Shanghai courts. The courts across the city shall profoundly understand the important duties and historical missions shouldered by the people's courts in the building of the Shanghai International Shipping Center, take the initiative to serve and integrate with the construction process of the Shanghai International Shipping Center, and make due contributions to accelerating the improvement of Shanghai's urban capacity and core competitiveness and achieving national strategic goals. | | 1.深刻认识司法服务保障上海国际航运中心建设的重要意义。加快建设上海国际航运中心，是党中央、国务院从全局高度确定的重大国家发展战略。近年来，中国（上海）自由贸易试验区的设立以及“一带一路”、长江经济带等国家新战略的实施，为推动上海航运市场发展带来了新的机遇和空间，也对上海法院司法服务保障的能力和水平提出了更高的要求。全市法院要深刻认识人民法院在上海国际航运中心建设中肩负的重要职责和历史使命，主动服务和融入上海国际航运中心建设进程，为加快提升上海城市能级和核心竞争力，实现国家战略目标做出应有的贡献。 |
| 2. Always adhering to the basic principles of judicial services and guarantees for the building of the Shanghai International Shipping Center. The principle of leadership by the CCP shall be adhered to, and the CCP's overall planning and unified leadership of national strategies shall be obeyed and served so as to ensure the correct political direction of the service and guarantee work; the principle of fairness and equity shall be adhered to, the trial and enforcement mechanism involving the construction of the shipping center shall be continuously improved, and the lawful rights and interests of the Chinese and foreign parties shall be equally protected in accordance with the law; the principle of efficiency and public convenience shall be adhered to, the diversified shipping dispute settlement mechanism shall be improved, and the multi-channel and individualized judicial needs of parties shall be fully satisfied; and the principle of openness and transparency shall be adhered to, and the implementation of open judiciary measures shall be continuously deepened so as to fully protect the general public's right to know, participate in, and supervise the activities of courts. | | 2.始终坚持司法服务保障上海国际航运中心建设的基本原则。坚持党的领导原则，服从和服务于党对国家战略的全局谋划和统一领导，确保服务保障工作正确的政治方向；坚持公平公正原则，不断健全涉航运中心建设审判执行机制，依法平等保护中外当事人合法权益；坚持高效便民原则，完善多元化航运纠纷解决机制，充分满足当事人多渠道、个性化司法需求；坚持公开透明原则，不断深化落实司法公开举措，充分保障公众对法院活动的知情权、参与权和监督权。 |
| 3. Accurately grasping the functional orientation of judicial services and guarantees for the building of the Shanghai International Shipping Center. According to the new requirements and tasks put forward by the building of the Shanghai International Shipping Center for the work of courts, the entry point, focus and foothold for judicial services and guarantees for the building of the Shanghai International Shipping Center shall be accurately found. The Shanghai Maritime Court shall perform the maritime trial function in accordance with the law and duly resolve various conflicts and disputes arising during the building of the Shanghai International Shipping Center according to the Working Opinions on the Shanghai Maritime Court Serving and Guaranteeing the Building of Shanghai International Shipping Center so as to maintain the sound and orderly development of the shipping market. All courts across the city shall fully perform trial functions, serve as referees in the settlement of shipping disputes with all-out efforts and in an effective manner, and fulfill the regulatory function of the judiciary; voluntarily act as the supervisor of shipping market behaviors and serve the guiding function of the judiciary; actively and effectively act as the participants in the management of the shipping market and fulfill the service function of the judiciary; and strive to be a disseminator of the culture of the rule of law for shipping and perform the educational function of the judiciary. | | 3.准确把握司法服务保障上海国际航运中心建设的职能定位。根据上海国际航运中心建设对法院工作提出的新要求和新任务，找准司法服务保障上海国际航运中心建设的切入点、着力点和落脚点。上海海事法院要依法履行海事审判职能，根据《上海海事法院服务保障上海国际航运中心建设的工作意见》，妥善化解上海国际航运中心建设过程中出现的各种矛盾纠纷，维护航运市场健康有序发展。全市各法院要充分发挥审判职能，全力担当好航运纠纷的裁判者，发挥司法的规制功能；自觉担当好航运市场行为的引导者，发挥司法的指引功能；积极担当好航运市场管理的参与者，发挥司法的服务功能；努力担当好航运法治文化的传播者，发挥司法的教育功能。 |
| 4. Practically following the scientific concept of judicial services and guarantees for the building of Shanghai International Shipping Center. The development concept of “innovation, coordination, green, openness, and sharing” shall be followed, innovation and sharing of achievements in the shipping field shall be encouraged, the law of markets and party autonomy shall be respected, and public interests shall be safeguarded; the concept of combining a global prospective with a focus on the locality shall be followed, international shipping practices shall be respected, efforts shall be made to innovate and lead the shipping rules, and contributions shall be made to making new breakthroughs in the high-end service capabilities of the International Shipping Center; the concept of combining professional trials with modern services shall be followed, and the latest science and technology shall be introduced actively and duly so as to continuously improve guarantee capabilities; and the concept of combining serving and guaranteeing the building of the Shanghai International Shipping Center with serving and guaranteeing the building of the pilot free trade zone, the Belt and Road Initiative, the Yangtze River Economic Belt, and Shanghai as an “Excellent Global City,” among others, shall be followed, overall consideration shall be given, and coordinated advancement shall be conducted. | | 4.切实遵循司法服务保障上海国际航运中心建设的科学理念。遵循“创新、协调、绿色、开放、共享”发展理念，鼓励航运领域创新及成果共享，尊重市场规律和意思自治，维护社会公共利益；遵循着眼全球与立足本地相结合的理念，尊重国际航运惯例，努力创新引领航运规则，助推国际航运中心高端服务能力实现新突破；遵循专业化审判与现代化服务相结合的理念，积极稳妥引入最新科技，不断提升保障能力；遵循服务保障上海国际航运中心建设与服务保障自贸试验区、“一带一路”、长江经济带、上海“卓越的全球城市”等建设相结合的理念，统筹兼顾，协调推进。 |
| II. Fully performing the trial function and actively creating a good legal environment for shipping | | 二、充分发挥审判职能，积极营造良好的航运法治环境 |
| 5. Trying cases of disputes over investment and market access in the shipping industry in accordance with the law. Disputes over establishment and capital contributions of enterprises involving design, research, development, and assembly of ships and aircrafts, component manufacturing, carriage and transportation agents, loading and discharge of cargo, container yards, and other business shall be duly tried so as to create a good investment environment for the shipping industry; and disputes over foreign investment in the shipping industry shall be tried elaborately, the market access negative list management of foreign investment shall be guaranteed according to law, the lawful rights and interests of Chinese and foreign investors shall be protected in accordance with the law, and the acceleration of the opening up of the shipping industry shall be promoted. | | 5.依法审理航运业投资与市场准入纠纷案件。妥善审理涉及船舶、航空器设计研发、总装与零部件制造、承运与运输代理、货物装卸、集装箱场站和堆场等业务的企业设立和出资纠纷，营造航运业良好的投资环境；精心审理航运业外商投资纠纷，依法保障外商投资市场准入负面清单管理，依法保护中外各方投资者合法权益，促进航运业加快对外开放。 |
6. Trying cases of contract disputes relating to marine transportation, air transportation, and gathering and distribution in accordance with the law. Disputes over contracts for transportation of passengers and cargo by sea and by air and over new shipping business, such as shipping e-commerce and shared space, shall be duly tried so as to balance the protection of the lawful rights and interests of carriers, passengers, and cargo owners; cases involving disputes over contracts for multimodal transport by sea, land and air shall be meticulously tried to promote the optimization and development of the gathering, distribution, and transportation network; and contract disputes related to warehousing for shipping, logistics, processing, trade, and exhibitions, among others, shall be effectively tried to promote the expansion and integration of the shipping industry chain.
．．．．．． | | 6.依法审理涉海运、空运、集疏运相关合同纠纷案件。妥善审理海上客货运输、航空客货运输合同纠纷，以及航运电商、共享舱位等航运新业态纠纷，平衡保护承运人与客货方的合法权益；精心审理海、陆、空多式联运合同纠纷案件，促进集疏运网络优化发展；审理好涉航运仓储、物流、加工、贸易、会展等相关合同纠纷，推动航运产业链拓展整合。
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