(Observation of the NPC and CPPCC) Legislation, mechanism and talents: three key words for representative committee members to recruit foreign-related trials
China News Service, Beijing, March 11th. Title: Legislation, Mechanism, and Talent: Three Key Words for Representatives and Committee Members to Recruit Foreign-related Trials
China News Agency reporter Zhang Su
There are more and more foreign trial cases in China.
During the National Two Sessions this year, many representatives and committee members focused on strengthening the construction of a foreign-related legal system, which can be summarized in three key words.
One is to advance legislation.
This year’s work report of the Standing Committee of the National People’s Congress stated that one of the main tasks in the coming year is to accelerate the advancement of legislation in foreign-related fields, focusing on counter-sanctions, counter-interference, counter-controlling long-arm jurisdiction, etc., and enrich the legal “toolbox” for coping with challenges and preventing risks. , To promote the formation of a comprehensive system of foreign-related laws and regulations.
In the eyes of some scholars, these measures are at the right time.
On the one hand, laws and regulations that do not adapt to the development of the situation should be revised and abolished in a timely manner to escort high-level opening to the outside world; on the other hand, in the face of individual countries suppressing other countries’ enterprises in the name of national security, and long-arm jurisdiction, we must use Legal weapons resolutely counterattack.
Yang Song, deputy to the National People's Congress and vice president of Liaoning University, has the same view.
She suggested that the legislation should give full consideration to the issue of extraterritorial application of the law, give some domestic laws such as anti-monopoly law extraterritorial effects, and also focus on relevant researches such as administrative agencies' extraterritorial enforcement powers.
Second, explore the mechanism.
China's Yunnan Province borders Myanmar, Laos, and Vietnam.
Hou Jianjun, deputy to the National People's Congress and president of the Yunnan Higher People's Court, told a reporter from China News Agency that the court will centralize foreign-related cases under the responsibility of foreign-related collegiate panels, and set up 14 national litigation service stations.
The number of foreign-related maritime cases is increasing year by year, involving a wide range of areas, and the amount of subject matter is large.
However, the parties choose more ways of legal remedy, and the way to resolve disputes can be more flexible.
Xia Xianpeng, member of the National Committee of the Chinese People's Political Consultative Conference and president of Xiamen Maritime Court, told reporters that at the end of last year, the court issued guidelines on the scope of judicial review of arbitration, jurisdiction, statutory and finality of judicial review of arbitration, and trial period.
There are also some remarkable measures.
The construction of the Guangdong-Hong Kong-Macao Greater Bay Area has made cross-border civil and commercial activities more and more frequent. The Guangdong court’s promulgation of regulations is conducive to solving the problem of extraterritorial law investigation; under the new crown pneumonia epidemic, the Fujian court has guided overseas Chinese and overseas Chinese to complete online litigation in the form of guidelines.
Representatives and members suggested that the above-mentioned experience should be consolidated in a timely manner and explore the establishment of a long-term mechanism for foreign-related civil and commercial trials.
Third, cultivate talents.
Yang Song said that at present, both foreign-related lawyers, foreign-related arbitration practitioners, and mediators are in a serious shortage.
Chi Rida, a member of the National Committee of the Chinese People's Political Consultative Conference and vice chairman of the All China Lawyers Association, also felt the same, and called for more policy and financial support for foreign-related legal talents.
In Yang Song's view, the key to solving the problem of talent training lies in setting international law as the next-level discipline of law and recruiting international law undergraduates, masters, doctoral students and post-doctoral personnel.
She suggested exploring the "domestic + overseas" Sino-foreign cooperation international law talent training mechanism, and establishing overseas talent training bases.
Hou Jianjun also hopes that there will be more platforms to provide support for foreign-related civil and commercial affairs.
He took the "China-ASEAN International Judicial Assistance Research Base Lincang Workstation" as an example. Only by combining more professionals who know the old, Burmese, and Vietnamese languages with experienced judges can we better resolve disputes and interpret the law for the parties. law.
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