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.