Opinions of the Supreme People's Court on Providing Judicial Safeguard to the Construction of Free Trade Zones
Opinions of the Supreme People's Court on Providing Judicial Safeguard to the Construction of Free Trade Zones
Opinions of the Supreme People's Court on Providing Judicial Safeguard to the Construction of Free Trade Zones
Fa Fa [2016] No.34
December 30, 2016
With a view to fully exerting the judicial functions and roles of the people's courts and safeguarding the construction of free trade zones in China (hereinafter referred to as the "FTZs"),according to relevant decisions made by the Standing Committee of the National People's Congress and in light of the trial practice, the following opinions on the trial of cases involving FTZs by the people's courts are hereby given:
I. Deepening the understanding, and effectively strengthening the sense of responsibility and mission for providing judicial safeguard to the construction of FTZs
1. Fully understand the significance of FTZ construction. A FTZ is an experimental field of China's reform and opening up, and is an important window for China to build a new and open economic system. The construction of FTZs is a driving force for refining the systems and mechanisms of China's economy, and has a great impact on law enforcement. People's courts at all levels shall proactively strengthen judicial countermeasures, develop overall consciousness of promoting the governance of the country by law in an all-round way, act in strict compliance with law, hear various cases involving FTZs in a just and effective way, fairly protect the legitimate rights and interests of the parties concerned at home and abroad, and provide proper and effective judicial safeguard to the construction of FTZs.
2. Guarantee the systematic innovation in the construction of FTZs by law. The construction of FTZs undertakes the historic mission of exploring new ways and gaining new experience in China's comprehensively deepened reform and opening up, and is a positive try in making central decisions based on the lawfully recognized evidence in any major reform. People's courts at all levels shall explore reform measures to provide judicial safeguard for FTZs, which are required to be taken within the framework of the law. Timely adjust the judging criteria, actively support the transformation in government functions, respect contracting parties' autonomy of will, and guarantee the transaction security based on the accurate application of law.
Enthusiastically participate in the modernization construction of the governing system and governing capacity within the FTZs. In such works as transformation in government functions, opening up of investment, transformation in trade development, opening up and innovation in finance, and improvement on the rule of law, people's courts at all levels shall, in light of their own judicial practice, proactively coordinate the implementation of all reform measures, actively refine the working mechanism, innovate working methods, fully contribute to the fostering of a fair, open and transparent environment for the rule of law, and of an international and convenient business environment rule by law.
II. Fully exerting the judicial functions and roles to provide judicial safeguard for the healthy development of FTZs
3. Well perform the criminal trial functions, and fight against criminal offences within the FTZs by law.
......
Fa Fa [2016] No.34
December 30, 2016
With a view to fully exerting the judicial functions and roles of the people's courts and safeguarding the construction of free trade zones in China (hereinafter referred to as the "FTZs"),according to relevant decisions made by the Standing Committee of the National People's Congress and in light of the trial practice, the following opinions on the trial of cases involving FTZs by the people's courts are hereby given:
I. Deepening the understanding, and effectively strengthening the sense of responsibility and mission for providing judicial safeguard to the construction of FTZs
1. Fully understand the significance of FTZ construction. A FTZ is an experimental field of China's reform and opening up, and is an important window for China to build a new and open economic system. The construction of FTZs is a driving force for refining the systems and mechanisms of China's economy, and has a great impact on law enforcement. People's courts at all levels shall proactively strengthen judicial countermeasures, develop overall consciousness of promoting the governance of the country by law in an all-round way, act in strict compliance with law, hear various cases involving FTZs in a just and effective way, fairly protect the legitimate rights and interests of the parties concerned at home and abroad, and provide proper and effective judicial safeguard to the construction of FTZs.
2. Guarantee the systematic innovation in the construction of FTZs by law. The construction of FTZs undertakes the historic mission of exploring new ways and gaining new experience in China's comprehensively deepened reform and opening up, and is a positive try in making central decisions based on the lawfully recognized evidence in any major reform. People's courts at all levels shall explore reform measures to provide judicial safeguard for FTZs, which are required to be taken within the framework of the law. Timely adjust the judging criteria, actively support the transformation in government functions, respect contracting parties' autonomy of will, and guarantee the transaction security based on the accurate application of law.
Enthusiastically participate in the modernization construction of the governing system and governing capacity within the FTZs. In such works as transformation in government functions, opening up of investment, transformation in trade development, opening up and innovation in finance, and improvement on the rule of law, people's courts at all levels shall, in light of their own judicial practice, proactively coordinate the implementation of all reform measures, actively refine the working mechanism, innovate working methods, fully contribute to the fostering of a fair, open and transparent environment for the rule of law, and of an international and convenient business environment rule by law.
II. Fully exerting the judicial functions and roles to provide judicial safeguard for the healthy development of FTZs
3. Well perform the criminal trial functions, and fight against criminal offences within the FTZs by law.
......