China Implements Foreign Trade And Maritime Trial Quality Strategy To Enhance International Credibility Of The Judiciary.

　　 National Foreign Affairs Maritime affairs Cases grew significantly year on year

Www.thepaper.cn has learned from the supreme law that since the reform and opening up, the trial of foreign-related commercial and maritime cases has been carried out for more than 30 years.

In response to this meeting, Supreme People's court Zhou Qiang pointed out that foreign-related commercial maritime trial is an international window for China's judiciary and an important judicial guarantee for China to expand its opening up to the outside world and build a maritime power.

Shen Deyong, vice president of the Supreme People's court, stressed that foreign-related commercial maritime trial plays an irreplaceable role in safeguarding the country's rule of law authority, enhancing the international credibility of the judiciary, and highlighting the image of ruling the country according to law. Effect 。

In this regard, He Rong, vice president of the Supreme People's court, said that from January 2010 to June 2014, the courts at all levels in the country had concluded 287262 cases involving foreign-related commercial and maritime affairs involving Hong Kong, Macao and Taiwan, and grew by 41.48% over the same period. Among them, the "Zhongwei" and a number of major foreign-related cases involving Hong Kong, Macao, Taiwan and commercial maritime cases were well handled and implemented, and established a good image of the rule of law in the world.

He Rong said that the Supreme Court is gradually adjusting the centralized jurisdiction of foreign-related commercial cases and the special jurisdiction system of maritime cases. By the end of October 2014, a total of 203 intermediate courts and 204 grassroots courts in the country had jurisdiction over foreign-related commercial cases in the first instance, covering most of the middle and lower level courts in higher open cities and provinces. The national maritime court has been able to radiate all ports and waters under the jurisdiction of our country.

In view of the particularity of the trial of foreign-related commercial maritime cases, the supreme court put forward the strategy of implementing foreign-related commercial maritime trial in 2010 to improve the credibility of foreign-related commercial maritime trial.

In the past 4 years, the people's courts at all levels have paid close attention to the implementation of the quality strategy. They have made remarkable achievements in handling foreign-related commercial maritime cases according to law, protecting the legitimate rights and interests of the Chinese and foreign parties equally, safeguarding the rights and interests of the state, and promoting the core competitiveness of the country.

　　 Improving centralized jurisdiction system in foreign-related commercial cases and giving full play to its functions

He Rong stressed that for cases involving jurisdiction over foreign commercial maritime cases, application for recognition and enforcement of foreign or Hong Kong, Macao and Taiwan arbitration awards or court civil and commercial judgments, the case should be centrally examined by foreign-related commercial courts.

In view of the definition of foreign-related commercial disputes, it is necessary to examine whether there are foreign-related factors in three aspects, namely, the subjects of legal relations, the objects that compete for objects (auction objects), and the legal facts arising from, altering or terminating the civil legal relationship, as long as one of them has foreign elements.

He Rong further indicated that the supreme court intends to decentralization of jurisdiction over foreign-related commercial cases in the first instance to all intermediate courts in economically developed areas, and whether the central and western regions should decide whether to delegate them according to the actual situation. In the future, there are already more grassroots courts in the same high court jurisdiction that have jurisdiction over foreign-related commercial cases in the first instance, and no other grass-roots courts in the designated jurisdictions will be added in principle.

In view of the perfection of jurisdiction system for foreign-related maritime cases, he Rong added that it is necessary to investigate and modify the provisions of the current maritime court's scope of acceptance as soon as possible, and explore the integration of maritime, ship related, cargo involved civil and commercial disputes and maritime administrative cases into the special jurisdiction of the maritime courts.