Suggestions of Shanghai Court on Serving and Guaranteeing the Construction of China (Shanghai) Pilot Free Trade Zone
In accordance with the decision-making deployment of the third plenary session of the 18th Central Committee of CPC on deepening reform in all-round way and the overall objective and requirement of China (Shanghai) Pilot Free Trade Zone (hereinafter referred to as the PFTZ, for the purpose of giving full play to the role of trial functions, better serving and guaranteeing the general situation of the construction and in line with the working actuality of Shanghai Court, the following suggestions are put forward:
profoundly the strategic meaning of the PFTZ construction and strengthen the
general sense and obligation consciousness of providing strong judicial
1. Realize the full strategic meaning of the PFTZ construction. Carry out in depth the essence of the third plenary session of the 18th Central Committee of CPC o, tightly focus on the state strategy, comprehensively grasp new requirement and new task brought by the PFTZ construction to work of the people’s court, endeavor to provide strong judicial guarantee and quality, efficient law service for building the PFTZ up to the international level.
2. Earnestly enhance progressive consciousness, and sense of opportunity and responsibility. As required for taking the lead in establishing the cross-border investment and trade regulation system in line with international practice and rule of law and for vigorously cultivating international and legalized business environment, give full play to the role of judicial functions. Strengthen prospective thinking, actively make initiative study of new situation and new problem arising from adjusting laws, regulations and policies relating to the PFTZ, amplify and perfect every item of working mechanism to meet demands for serving and guaranteeing the PFTZ construction, so as to let every party at home and abroad feel fairness and justice in every judiciary case.
II. Update judiciary philosophy, actively and accurately meet the judiciary demand of the legalized and internationalized business environment of the PFTZ.
3. Further enhance the legal concept. Based on the law-governing idea of administration by law, independent judgment, openness and transparency, proper procedure, equal protection and just judgment, make clear the market trading rule, maintain according to law the trading act effectiveness, normalize the market trading order, guide the market anticipation, promote honesty and credibility and give play to the appraisal, demonstration and guiding role of judicature to investment, trade and such other activities.
4. Further expand the international vision. Draw lessons from international useful experience, intensify the guarantee of investment and trade rights and interests, and promote fair competition among various market subjects. Exercise according to law the judicial jurisdiction of foreign-related cases, accurately apply laws, international treaties concluded or participated in by our country, and international commercial trading conventions, and make efforts to provide quality law guarantee for the internationalized business environment.
5. Further respect market law. Deepen the understanding of market economic law, resolutely maintain the decisive role of market in the resources’ allocation, fully respect the autonomy of market subject idea, commercial trade conventions and rules, guarantee trade freedom and safety, and support market innovation. Supervise according to law and support administrative organs in strengthening market supervision by means of legal thinking and rule of law, and advance innovation in society governing.