Suggestions of Shanghai Court on Serving and Guaranteeing the Construction of China (Shanghai) Pilot Free Trade Zone
13. Ensure according to law and promote a change in
the trade development mode. Attach great importance to hearing cases relating to
service trade, international bulk goods, resources trading, foreign cultural
trade, cross-border e-commerce, outsourcing business, off-shore business and
international trade settlement, strengthen study of legal issues relating to new
business modes, support innovation development, promote fair competition, work
hard to create a good legal environment in order to push forward trade
transformation and upgrading, and elevate our country’s position in the global
trade value chain.
14. Ensure according to law and promote the opening-up and innovation in the financial field. Make every effort to support innovation in the financial system, enhance the financial service function. Strengthen judicial protection for regulation-abiding business activities of various financial institutions at home and abroad, safeguard according to law the regulation-abiding cross-border financial trade activity. Hear in a proper manner various financial dispute cases relating to financial innovation, support and encourage the prior try and make effective precaution against any financial risk.
15. Ensure and promote according to law the elevation of international shipping capacity. Give full play to the advantages of maritime professional trial system, and earnestly enhance the sense of service and the perspective of work in maritime trial. Strengthen survey of law applicability in the course of innovation development of shipping services such as shipping finance, international marine transportation, international ship administration, international shipping brokerage, shipping freight index derivative exchange, shipping register and international air transportation, support and ensure the functional building of shipping hub in the PFTZ by making fair and efficient adjudication and normalizing shipping market activities.
16. Give play to the dominant role of judicial protection for intellectual property right (IP). Utilize according to law the civil, administrative and criminal judicial protection measures, make more efforts to protect IP, lower the cost in safeguarding rights and raise the cost in tort. Give full protection to the legitimate rights and interests of IP owners, give play to the important role of incentive innovation in IP, arouse the innovative vitality, form a good market environment of respect for knowledge, innovation advocacy, credibility and law observance, and fair competition, and promote the innovation driving development, economic transformation and upgrading.
17. Give legal support to quicken the shift of governmental functions. By discharging administrative trial duties according to law, support the PFTZ in deepening the reform of administrative management system so as to accelerate the shift of governmental functions, reform and innovate in the government administration mode, advance the institution of an administration system compatible with international high-standard investment and trade rule system. By the fair hearing of various administrative cases relating to administrative examination mode change, information opening, and market supervision and law enforcement, supervise and support law-based administration by administrative organs, give play to the overall link-up role of administrative judgment with civil and commercial trial, make efforts to provide judicial guarantee for the building of a law-based administration environment in line with the requirements of the PFTZ construction.
18. Attach importance to the functional role of criminal justice maintaining market economy order. Strictly punish according to law the criminal activities of producing and selling counterfeit or inferior quality goods, commercial bribes, and infringement upon IP or property. According to legal provisions regarding the PFTZ deepening reforms and opening up wider, cautiously handle criminal cases relating to money laundry, smuggling, destroying financial administration order, jeopardizing company and enterprise management order and disturbing market order. Enhance communication and cooperation with relevant function departments, and pay attention to maintenance of economic order and social stability in the PFTZ.
V. Strengthen the building of contingents, make efforts to build a contingent of judges that meets the requirements of the construction of the internationalized and law-based PFTZ
19. Strengthen talent cultivation and optimize talent structure. Push forward the construction of a standardized, vocational and professional contingent, select and cultivate a batch of specialist and composite-type judges proficient in domestic and foreign laws and familiar with economy and prevailing investment and trade rules and conventions, and possessed of international vision, rich trial experience and strong trail ability to let them assume effectively the judicial responsibility of the PFTZ.
20. Enhance study and training to improve judicial ability. Optimize the structure of knowledge, explore the mechanism of judges taking exercise on multi-post and cross-department study, strengthen training on economic and financial knowledge including the State’s macro-economic policy and international investment and trade, and improve study of knowledge regarding international commercial trade conventions and new trading modes so as to cultivate trial talent meeting the judicial demands of the PFTZ.