Suggestions of Shanghai Court on Serving and Guaranteeing the Construction of China (Shanghai) Pilot Free Trade Zone
III. Deepen judiciary reform, explore and
accumulate reproducible and propagable judiciary guarantee experience
6. Advance the reform of judiciary system in an active and stable manner. Strengthen the building of judicial organs in the PFTZ, study and practice the concentrated jurisdiction mechanism for cases of investment, trade, finance and intellectual property right relating to the PFTZ, raise the level of litigation facilitation and constantly perfect the rapid response of execution and link-up mechanism so as to ensure the settlement of relevant disputes in a fair, professional and efficient manner.
7. Explore the reform of executive mechanism of adjudicative power. Scientifically set up trial organizations, further optimize the allocation of judicial authority, rationally determine the terms of reference of various trial organizations; perfect the case handling responsibility system of presiding judges and collegial panels to let inquisitors make judgment and judges take responsibility; improve the professional trial mechanism, exercise special control over cases relating to the PFTZ, and establish systems of case information report analysis and multi-level guide and supervision so as to vigorously improve the professional level of judgment.
8. Push forward judicial openness in an all-round way. Strengthen in an all-round way the building of informatization platform for trial work in the PFTZ, make open in a timely manner the full trial procedure, judicial documents and execution information, so as to improve the public’s understanding of, trust in and supervision over trial work in the PFTZ through live broadcast of Internet court hearing, release of typical case information and other modes.
9. Constantly expand judicial functions. Strengthen judicial statistics analysis of PFTZ-related cases, establish a mechanism of relevant dispute trends and early risk warning, and actively offer advice and suggestions for industrial development, institutional innovation, government decision-making and perfect legislation in the PFTZ by use of white paper of trial, judicial proposals and other modes.
10. Vigorously drive the mechanism for settling disputes in the PFTZ getting strengthened and perfected. Strengthen and improve the judicial review of commercial arbitration award, safeguard according to law and encourage innovation in the PFTZ commercial arbitration system, and advance the institution of commercial arbitration system with international standard and public confidence; strengthen link-up in mediation with trade associations, commerce chambers, and other legal commercial mediation organizations, and strive to make PFTZ-related disputes settled in an efficient, convenient and economical manner.
11. Consciously and actively accept supervision. Consciously accept supervision by the people’s congress and its standing committee, earnestly accept the democratic supervision by the people’s political consultative conference, solicit the opinions of a wide cross-section of society, and constantly improve relevant trial work.
IV. Give full play to the role of trial functions, and provide judicial guarantee and service in order to accelerate the transformation of governmental functions and promote the development of trade and investment in the PFTZ
12. Guarantee according to law and promote the enlarged open-up of investment field. As required by the negative list administration mode, commercial registration system and reform of overseas investment management mode, make intensive study of law applicability relating to civil commercial disputes in the enlarged opening-up of fields such as financial service, shipping service, commercial and trade service, professional service, cultural service and social service, accurately apply laws, regulations and decisions on adjusted implementation of relevant laws and regulations, so as to safeguard the legitimate rights and interests of domestic and foreign investors.