Supreme People's Court
About accelerating the construction of a unified national market
Advice on providing judicial services and safeguards
Fafa [2022] No. 22
In order to thoroughly implement the spirit of the 19th National Congress of the Communist Party of China and the previous plenary sessions of the 19th National Congress, earnestly implement the "Opinions of the Central Committee of the Communist Party of China and the State Council on Accelerating the Construction of a Large National Market", give full play to the functions of the people's courts, and provide high-quality products for accelerating the construction of a large national market. Judicial services and guarantees are formulated in light of the actual work of the people's courts.
1. General requirements
1. Effectively strengthen the sense of responsibility and mission in providing judicial services and guarantees for accelerating the construction of a unified national market.
Accelerating the construction of an efficient, standardized, fair competition, and fully open national unified market is a major strategic plan made by the Party Central Committee with Comrade Xi Jinping at the core from an overall and strategic perspective, and is the basic support and inherent requirement for building a new development pattern.
The people's courts at all levels should conscientiously unify their thoughts and actions into the major strategic plans of the CPC Central Committee, deeply grasp the decisive significance of the "two establishments", strengthen the "four consciousnesses", strengthen the "four self-confidences", and achieve the "two safeguards". "Continuously improve political judgment, political understanding, and political execution, adhere to serving the overall situation, justice for the people, and impartial justice, faithfully perform the responsibilities entrusted by the Constitution and laws, and give full play to the role of the rule of law in regulating, guiding and guaranteeing. The unified market provides high-quality judicial services and guarantees.
2. Accurately grasp the entry point and focus of providing judicial services and guarantees for accelerating the construction of a unified national market.
People's courts at all levels must closely focus on the major decisions and deployments of the Party Central Committee, adhere to the "two unswerving", adhere to problem orientation, fully, accurately and comprehensively implement the new development concept, strengthen the system concept, pay attention to coordination and cooperation, actively take responsibility, and make overall plans. Accurate efforts in various fields and links of review and enforcement, coordinating the unified protection of market entities, elements, rules and order, continuously promoting the efficient and smooth domestic market and scale expansion, accelerating the creation of a stable, fair, transparent and predictable business environment, and further The five main goals of reducing market transaction costs, promoting technological innovation and industrial upgrading, and cultivating new advantages to participate in international competition and cooperation, improve judicial policies, innovate working mechanisms, improve judicial quality and efficiency in a targeted manner, and continuously improve the effectiveness of judicial service guarantees. Better play the decisive role of the market in resource allocation, and provide strong judicial support for the construction of a high-standard market system and a high-level socialist market economic system.
2. Strengthen the unified and equal protection of market entities
3. Help implement unified market access.
Trial cases of disputes over construction projects, real estate, mineral resources, water, electricity, gas, heat and other element allocation and market access contracts in accordance with the law, accurately grasp the impact of market access relaxation in natural monopoly industries and service industries on the validity of contracts, and strictly implement "" no-no-go" policy.
Trial administrative cases involving market access in accordance with the law, support the reform of the administrative examination and approval system by grades and categories, and curb improper interference in economic activities, especially the abuse of administrative power to exclude and restrict competition.
Strengthen the supplementary review of administrative normative documents such as the negative list for market access and the list of preferential policies related to enterprises, and promote the administrative organs to promptly clean up and abolish normative documents containing local protection, market segmentation, designated transactions, etc. that impede a unified market and fair competition. Local protection and regional barriers.
4. Strengthen equal protection of property rights.
Adhere to the equal litigation status, equal application of law, equal legal responsibility of various market entities, and equal protection of the legitimate rights and interests of various market entities in accordance with the law.
Strictly distinguish economic disputes, administrative violations and criminal crimes, resolutely prevent economic disputes from being treated as crimes, and resolutely prevent civil liability from being turned into criminal liability.
Punish illegal and criminal acts of infringing property rights in accordance with the law, improve the mechanism for the recovery and disposal of property involved in cases, and maximize the recovery of stolen goods and damages.
Fully implement the concept of good faith and civilized execution, further standardize the compulsory measures related to property rights, strictly prohibit the seizure of property that exceeds the standard and illegally, and flexibly take measures to seize and change the price to effectively release the use value and financing function of the seized property.
Improve the mechanism for appeals and retrials of property rights cases involving enterprises, and improve the mechanism for effective prevention and correction of wrongful cases involving property rights.
Support the standardization of property rights-related compulsory measures in the field of administrative law enforcement, and safeguard the autonomy of market players in accordance with the law.
5. Equally protect the legitimate rights and interests of Chinese and foreign parties in accordance with the law.
Research and formulate judicial interpretations such as legal identification and application of international treaties and international practices, and accurately apply extraterritorial laws, international treaties, and international practices.
Optimize the litigation jurisdiction mechanism for foreign-related civil and commercial disputes, and study and formulate judicial interpretations on the jurisdiction of first-instance foreign-related civil and commercial cases.
Strengthen judicial assistance work, improve the foreign-related service mechanism, and promote the establishment of a unified platform for foreign service.
Promote the substantive operation of international commercial courts, improve the working mechanism of the international commercial expert committee, improve the one-stop international commercial dispute resolution information platform, realize the organic connection between mediation, arbitration and litigation, and strive to create a new highland for international commercial dispute resolution.
Accurately apply foreign investment laws and regulations, fully implement the pre-entry national treatment plus negative list system for foreign investment, maintain the validity of foreign investment contracts in accordance with the law, and promote fair competition between domestic and foreign enterprises.
Promote the establishment of a legal system applicable outside my country's jurisdiction, and protect the legitimate rights and interests of "going out" enterprises and citizens in accordance with the law.
6. Improve the rescue and withdrawal mechanism of market entities.
Adhere to the direction of marketization, rule of law, specialization, and informationization of bankruptcy trials, trial bankruptcy cases in a safe and sound manner in accordance with the law, and promote the survival of the fittest.
Adhere to accurate identification and classification, and actively apply bankruptcy reorganization and bankruptcy reconciliation procedures to enterprises that are in financial distress but still have development prospects and rescue value, promote the optimal combination of production factors and enterprise transformation and upgrading, and rejuvenate enterprises. The allocation of market resources is more efficient.
Actively promote the improvement of the bankruptcy legal system and the construction of supporting mechanisms, improve the orderly connection mechanism between execution and bankruptcy work, promote the revision of the corporate bankruptcy law and individual bankruptcy legislation, promote the establishment of an association of bankruptcy administrators and the establishment of a special fund for bankruptcy expenses, and promote the establishment of a normalized "government court". linkage” coordination mechanism.
7. Realize the rights and interests of market players in a timely manner in accordance with the law.
Further improve and improve the overall pattern of comprehensive governance of enforcement difficulties, strengthen the comprehensive governance of enforcement difficulties and the evaluation of source governance, promote the incorporation of enforcement work into grass-roots grid management, improve the coordination and cooperation mechanism for the establishment of review and enforcement, and ensure that the goal of "effectively solving enforcement difficulties" is achieved on schedule. .
Further strengthen the construction of execution informatization, expand and upgrade system functions, strengthen the management of execution nodes, and improve the automation and intelligence of execution process supervision.
Explore the establishment of a system for lawyers to investigate the property of the person subject to execution, and promote the implementation of systems such as entrusted audit investigations, notarization and evidence collection, and reward reporting.
Explore the establishment of accountability mechanisms for failing to perform obligations to assist in execution, establish systems to prevent and stop evasion of execution, and punish illegal acts of refusal to execute in accordance with the law.
Cooperate with the legislative work of the compulsory enforcement law, formulate or revise judicial interpretations such as the enforcement of creditor's rights, and improve the system of enforcement of laws and regulations.
3. Help create a unified market for factors and resources
8. Support and improve the unified land market in urban and rural areas.
Properly try cases involving disputes over the "separation of three rights" in rural land, and promote the orderly transfer of land management rights.
Trial disputes over the entry of rural collective commercial construction land into the market in accordance with the law, and support the acceleration of the construction of a unified urban and rural construction land market with the same rights and prices, smooth circulation, and revenue sharing.
With the goal of revitalizing the use of land, properly hear cases involving the reform and restructuring of state-owned enterprises and institutions, the disposal of land assets, the determination of property rights of stock-allocated land assets, and listing transactions.
Trial disputes over the transfer, lease, mortgage, etc. of the right to use construction land in accordance with the law, and ensure the standardized and efficient use of construction land.
Adapt to the adjustment of the land supply policy, and unify the judgment standards for cases of disputes over the assignment and transfer of state-owned land use rights.
9. Support the development of a unified capital market.
Severely punish crimes in the financial field such as market manipulation, insider trading, illegal fundraising, loan fraud, and money laundering, and promote the healthy development of the financial market.
Properly hear cases of financial loan contracts, securities, futures transactions and bill disputes, and standardize the investment and financing order in the capital market.
Disputes involving supply chain finance, Internet finance, non-performing asset disposal, private equity investment funds, etc. shall be handled in accordance with the law to help prevent and resolve financial risks.
Improve private equity investment, entrusted wealth management, asset securitization, cross-border financial asset transactions and other new types of disputes, strengthen research on legal issues such as digital currency and mobile payment, and serve to ensure the innovative development of the financial industry.
10. Support the construction of a unified technology and data market.
Strengthen judicial protection of the ownership, use, disposal, and benefit rights of scientific and technological achievements, properly handle disputes arising from the identification of ownership, transfer of rights, pledge of rights, value identification, and distribution of interests in scientific and technological achievements, and support the market-based application of scientific and technological innovation achievements in accordance with the law.
Lawfully protect the legitimate rights and interests of data rights holders in data control, processing, and income, as well as the property rights and interests of data elements market entities based on data that are legally collected and generated by themselves, and properly handle data transactions and unfair competition in the data market. Various cases arising from such cases provide judicial guarantees for cultivating a data element market that is data-driven, cross-border integration, co-creation and sharing, and fair competition.
Strengthen research on legal issues such as the attributes, forms, ownership, and public data sharing mechanisms of data property rights, and speed up the improvement of judicial protection rules for data property rights.
11. Support the construction of a unified national energy and ecological environment market.
Trial disputes involving oil and gas futures products, natural gas, electricity, coal transactions, etc. in accordance with the law, severely punish illegal and criminal acts such as the illegal exploitation, development, and illegal trading of oil and gas, natural gas, electricity, and coal, and promote the lawful and orderly development and utilization of resources.
Research and release judicial policies to help achieve the goal of peak carbon and carbon neutrality, and properly hear disputes related to carbon emission quotas, certified voluntary emission reduction transactions, carbon trading product guarantees, corporate environmental information disclosure, carbon-related green credit, green finance, etc. cases to help improve the carbon emissions trading mechanism.
Fully and accurately apply the green principles and green clauses of the Civil Code, sort out new business forms, new ownership, and new problems in the carbon emission field, and improve the rules for adjudication of disputes involving carbon emission rights, water rights, pollution rights, and energy use rights.
Research and apply alternative compensation methods such as carbon sink subscription and technological transformation deduction, and guide enterprises to green upgrade production equipment and production technology.
4. Maintaining uniform market transaction rules in accordance with the law
12. Optimize the judicial guarantee mechanism for the business environment.
The rule of law is the best business environment.
In accordance with the requirements of accelerating the construction of a unified national market, explore the establishment of a judicial service guarantee business environment index system that conforms to my country's national conditions and international standards, and increase the proportion of service guarantee business environment construction in the evaluation work.
Issue judicial interpretations and judicial policies to serve and safeguard the construction of the business environment.
Cooperate with relevant functional departments to carry out pilot work of business environment innovation, formulate and issue an implementation plan for building a law-based business environment, and establish a regular business environment consultation mechanism.
Relying on judicial big data, establish a legalized business environment analysis and judgment mechanism.
Increase the publicity of the judicial guarantee of the business environment and boost the investment confidence of business operators.
Explore the establishment of an expert advisory committee for people's courts to optimize the business environment.
13. Help create a fair and honest trading environment.
Effectively implement the Civil Code, promulgate judicial interpretations on the contract compilation of the Civil Code, implement the principles of freedom of contract and good faith, protect legal transactions, smooth the circulation of goods and services, and reduce market transaction costs.
Improve and promote the deep integration of socialist core values into the supporting mechanisms for judicial enforcement, give full play to the functions of judicial judgments to distinguish right from wrong, punish evil and promote good, balance interests, and set divisions to stop disputes, and guide market entities to enhance their awareness of the rule of law, public awareness, and rules awareness.
Establish a mechanism for preventing, identifying, and punishing false lawsuits, and severely punish illegal and criminal acts of false lawsuits in accordance with the law.
Strengthen the credit punishment of dishonest persons subject to execution, improve the punishment system for dishonesty, refine the grading mechanism for credit punishment, revise and improve the management regulations for the list of dishonest persons subject to execution, and explore the establishment of incentives for trustworthiness and credit restoration systems for dishonest persons subject to execution.
Explore the path of deep integration between the construction of the social credit system and the trial and enforcement work of the people's courts, and promote the establishment and improvement of a mechanism for collecting, sharing and using judicial big data related to the credit information of market entities.
14. Support the construction of regional market integration.
Improve major regional strategies, regional coordinated development of judicial services and guarantee mechanisms, support the Beijing-Tianjin-Hebei region, the Yangtze River Delta, the Guangdong-Hong Kong-Macao Greater Bay Area, the Chengdu-Chongqing Shuangcheng Economic Circle, and the urban agglomeration in the middle reaches of the Yangtze River and other regions in accordance with the law. Under the premise, priority should be given to the construction of regional market integration.
Give full play to the role of the circuit courts of the Supreme People's Court, improve the working mechanisms of circuit court resource sharing, joint meetings, and judge exchanges, and actively explore new paths for regional judicial cooperation.
Improve the cross-regional judicial linkage and cooperation mechanism, and actively promote the typical experience and practice of judicial services to ensure regional market integration.
15. Promote the connection mechanism of the rules between the mainland and Hong Kong and Macao, and between the mainland and Taiwan.
Strengthen the trial work involving Hong Kong, Macao and Taiwan, and explore the establishment of a centralized jurisdiction mechanism for commercial cases involving Hong Kong, Macao and Taiwan.
Strengthen mutual legal assistance, implement mutual assistance and preservation arrangements for arbitration proceedings between the Mainland and Macau, and implement the mechanism for mutual recognition and assistance in bankruptcy proceedings between the Mainland and Hong Kong.
Explore and simplify the procedures for judicial confirmation of the qualifications of Hong Kong and Macao litigation subjects and the review and determination of litigation evidence, expand the channels for cross-border service of litigation documents in cases involving Hong Kong and Macao, and expand the channels for mutual entrustment between the Mainland and Hong Kong and Macao to identify laws.
Promote the establishment of a Shenzhen-Hong Kong-Macao mediation organization and a unified certification mechanism for mediator qualifications, improve the system for Hong Kong and Macao people to serve as specially invited mediators and jurors, and protect qualified Hong Kong and Macao lawyers' rights to practice in the Guangdong-Hong Kong-Macao Greater Bay Area in accordance with the law.
Improve the judicial exchange mechanism with Hong Kong, Macao and Taiwan, promote the establishment of a normalized mechanism for Guangdong, Hong Kong and Macao judges to discuss professional trials, and support courts on both sides of the Taiwan Strait to carry out practical exchanges.
16. Strengthen the connection between domestic laws and international rules.
Adhere to the overall promotion of domestic rule of law and foreign-related rule of law, vigorously promote the modernization of foreign-related adjudication systems and adjudication capabilities, strengthen the adjudication guidance of major foreign-related civil and commercial cases, explore multi-language publication of foreign-related civil and commercial guiding cases, and expand the international influence and credibility of Chinese judicial adjudication.
Implement the strategy of high-quality maritime adjudication, accelerate the construction of an international maritime judicial center, explore and improve the trial rules for new types of cases such as the opening of shipping business, international ship registration, coastal piggybacking, and ship financial leasing, and create a preferred place for international maritime disputes.
Strengthen judicial cooperation with relevant international organizations, countries and regions, and intensify efforts to crack down on cross-border crimes such as smuggling, money laundering, online fraud, and cross-border corruption.
Actively participate in the formulation of international rules in the fields of international trade, intellectual property rights, environmental protection, and cyberspace, and enhance my country's voice in international economic governance.
5. Help promote the high-level unification of the commodity and service market
17. Strengthen judicial protection of intellectual property rights.
Strengthen judicial protection of intellectual property rights, serve and guarantee technological innovation and the development of emerging industries, and lead and create new demands with innovation-driven, high-quality supply.
Continue to increase judicial protection of key areas, key core technologies of emerging industries, and original innovations of innovative small and medium-sized enterprises.
Strictly implement systems such as punitive compensation for intellectual property infringement and behavior preservation to effectively curb intellectual property infringement.
Promote the improvement of litigation norms that conform to the rules of intellectual property case adjudication, improve the cross-regional jurisdiction system of intellectual property courts, smooth the connection mechanism between intellectual property litigation, arbitration and mediation, and improve the connection mechanism between intellectual property administrative law enforcement and judiciary.
18. Protect the rights and interests of laborers in accordance with the law.
Properly try cases such as disputes over the right to equal employment, promote the elimination of employment discrimination in household registration, region, identity, gender, etc., and promote the smooth flow of labor and talents across regions.
Strengthen the judicial protection of cross-border employment, and accurately determine the validity of labor contracts signed by Hong Kong, Macao and Taiwan residents without employment certificates and mainland employers.
We will issue judicial policies to serve and safeguard the construction of a new type of urbanization in the country, and protect the legitimate rights and interests of migrant workers in accordance with the law.
Research and issue judicial interpretations on civil disputes involving new business formats, and strengthen the protection of labor rights and interests of employees in new business formats.
Actively carry out special campaigns to eradicate wage arrears, severely punish illegal and criminal acts of refusing to pay labor remuneration in accordance with the law, and intensify the trial and enforcement of wage arrears cases.
Promote the improvement of the labor dispute resolution system.
19. Help improve product quality.
Resolutely punish illegal and criminal acts such as producing and selling fake and shoddy goods and endangering food and drug safety.
Severely punish crimes that endanger the safety of the seed industry, such as making and selling counterfeit products, copying infringements, and endangering germplasm resources in accordance with the law, and promote the unified protection of national seed industry resources.
Trial cases of contract and tort disputes arising from the quality of goods in accordance with the law, accurately apply the punitive compensation system, and focus on the use of civil means to boost the quality of goods.
Trial cases involving product quality administrative disputes in accordance with the law, support administrative organs in deepening the reform of the quality certification system, and strengthen the management of the entire supply chain, the entire industrial chain, and the entire life cycle of products.
Research and formulate judicial interpretations for the trial of criminal cases endangering production safety, and promote the continuous improvement of the safety production situation.
20. Support to improve the quality of consumer services.
Improve the judicial policy support system for expanding domestic demand, and actively create a legal environment conducive to the overall promotion of consumption.
Severely punish the crime of prepaid consumption fraud, properly handle cases of disputes over the protection of consumer rights and interests in key livelihood areas such as housing, education and training, medical and health care, and elderly care, so as to improve the sense of security and satisfaction of the masses in consumption.
Improve the trial rules for online consumption, service consumption and other consumption cases, service guarantee consumption upgrades and the development of new consumption models and new formats.
Optimize the trial mechanism for consumer dispute cases, explore the establishment of a collective litigation system for the protection of consumer rights and interests, improve the consumer public interest litigation system, promote the establishment of a linkage mechanism between departments for consumer rights protection work, and promote the governance of consumer disputes at the source.
6. Effectively maintain a unified market competition order
21. Fight against monopoly and unfair competition in accordance with the law.
Strengthen judicial anti-monopoly and anti-unfair competition, stop monopoly agreements, abuse of market dominance and other monopolistic behaviors in accordance with the law, severely crack down on unfair competition behaviors such as infringement of trade secrets, malicious squatting of trademarks, and counterfeiting, and strengthen scientific and technological innovation, information security, and people's livelihood. The trial of unfair competition cases in key areas such as safeguards.
Strengthen the judicial regulation of the monopoly of platform enterprises, promptly stop the use of data, algorithms, technical means, etc. to exclude and restrict competition, and severely punish in accordance with the law forcing "choose one", big data, low-price dumping, forced tying and other violations of fairness Competition, disrupting market order, preventing platform monopoly and disorderly expansion of capital.
Severely crack down on self-media operators' extortion and extortion activities against enterprises by means of the influence of public opinion, as well as maliciously slandering the business reputation of merchants and the reputation of goods and other unfair competition behaviors.
Improve the rules for adjudication of competition cases, and issue judicial interpretations on anti-monopoly civil litigation in due course.
22. Supervision and support administrative organs to strengthen unified market supervision and law enforcement.
Revise and improve judicial interpretations for handling government information disclosure cases, try government information disclosure cases in the field of market supervision in accordance with the law, and promote administrative organs to disclose market supervision rules in strict accordance with statutory authority and procedures.
Properly hear administrative dispute cases involving market supervision discretion, entrusted supervision and law enforcement, and joint law enforcement across administrative regions in accordance with the law, and supervise and support administrative agencies to improve comprehensive law enforcement efficiency and enforce fairness and impartiality.
Strengthen cooperation with procuratorial organs, and jointly promote market supervision departments to improve a supervision system with clear powers and responsibilities, clear division of labor, and smooth operation by hearing administrative public interest litigation cases and sending judicial suggestions.
Strengthen communication and cooperation with market supervision and law enforcement departments, and promote the unification of administrative adjudication rules and law enforcement standards in the field of market supervision.
23. Punish illegal and criminal acts that disrupt market order in accordance with the law.
Research and formulate judicial interpretations for the trial of tax-related crime cases, punish illegal and criminal acts such as tax evasion, tax resistance, tax fraud, and falsely issuing special value-added tax invoices in accordance with the law, and increase the punishment for tax evasion by using "yin-yang contracts" and tax evasion by high-net-worth individuals in the entertainment field strength.
Strengthen law enforcement and judicial coordination with taxation, public security and other departments, and promote the improvement of the taxation supervision system.
Accurately grasp the criminalization standards for illegal and criminal acts such as contract fraud and forced transactions, determine the validity of relevant contracts in accordance with the law, and maintain the autonomy of market players.
Severely punish acts such as evading debts, false bankruptcy, and defrauding property by means of false lawsuits in accordance with the law.
Research and formulate judicial interpretations for the trial of criminal cases of illegal business operations, and strictly regulate the standards for conviction and sentencing of criminal cases of illegal business operations.
Research and formulate judicial interpretations on the application of law in handling criminal cases of dereliction of duty, and make provisions on the handling of crimes of dereliction of duty by state functionaries obstructing the development of the market economy.
24. Help coordinate the promotion of epidemic prevention and control and economic and social development.
Severely punish crimes such as using the epidemic to defraud, drive up prices, hoarding, spread rumors, and manufacture and sell counterfeit and inferior medicines, medical equipment, medical and health materials, etc., and maintain the order of production and life during the epidemic prevention and control period.
Properly handle contract breaches, corporate debts and other disputes arising from the epidemic, accurately apply force majeure rules, and reasonably balance the interests of the parties.
Precise service to do a good job of "six stability" and "six guarantees", properly handle civil and commercial disputes caused by the epidemic, such as labor and employment, purchase and sales contracts, and shop leasing, continue to improve the judicial policy of benefiting the people and enterprises, and help industries that have been severely impacted by the epidemic. Small, medium and micro enterprises and individual industrial and commercial households have been relieved of difficulties.
7. Improve the judicial service and guarantee mechanism
25. Deepen the reform of the litigation system.
Strictly follow the reform deployment requirements, systematically integrate various work measures to promote the comprehensive reform of the judicial system, and effectively meet the judicial needs of market players to resolve disputes efficiently, conveniently and fairly.
Strengthen the concept of protection of the right to appeal, and resolutely implement the case filing and registration system.
Steadily push forward the reform of the function positioning of the four-level court at the trial level, optimize the level of jurisdiction standards for civil, commercial and administrative cases, improve the retrial application procedures and case filing standards, and improve the mechanism for transferring cases to jurisdiction and promotion. Interest cases are referred to higher courts.
Conscientiously implement the newly revised Civil Procedure Law, make full use of the results of the reform of separating the complicated from the simple and make good use of the reform results, issue judicial interpretations on the application of legal issues in civil expedited judgments, and further promote the separation of the complicated from the simple, the separation of the serious and the serious, and the separation of the fast and the slow.
26. Improve the working mechanism for unifying the application of laws.
Strengthen judicial interpretation management, improve the case guidance system, establish a national platform for the unified application of court laws, build a database of judgment rules for similar cases, implement a compulsory retrieval system for similar cases and new types of cases, improve the working mechanism of collegial panels and professional judge meetings, and give full play to the responsibilities of judicial committees , and build a multi-level and three-dimensional mechanism for resolving disputes over the application of law.
Improve the judicial openness system and strengthen the integration of the four major platforms of judicial openness.
Promote the construction of a judicial restraint and supervision system, fully implement a list of judicial powers and responsibilities and a guidance system for the performance of duties, improve the identification and supervision mechanism for "four types of cases", and build a scientific and reasonable judicial responsibility identification and investigation system.
27. Deepen the construction of a one-stop diversified dispute resolution and litigation service system.
Adhere to and develop the "Fengqiao Experience" in the new era, put the non-litigation dispute resolution mechanism in the front, promote the systematic, comprehensive and source management of conflicts and disputes, and effectively reduce the cost of dispute resolution for market players.
Highlight the five key points of one-stop, intensive, integrated, online, and integration, and build a modern litigation service system that is intensive and efficient, diversified dispute resolution, convenient and accurate, open and interactive, and integrated and shared.
Bring into play the integrated role of the people's court mediation platform, improve the linkage system between judicial mediation, people's mediation, and administrative mediation, and strengthen the substantive connection between litigation and non-litigation.
Increase online video mediation efforts, and establish and improve professional mediation mechanisms for labor disputes, financial insurance, securities and futures, and intellectual property rights.
28. Strengthen the construction of Internet justice and smart courts.
Promote the in-depth integration of the Internet, big data, artificial intelligence, blockchain and trial execution work, take the judicial data middle platform and the brain of the smart court as the lead, promote intelligent collaborative applications, expand data knowledge services, build an integrated cloud network facility, and improve quality and efficiency Operation and maintenance level.
Promote the implementation of the "People's Courts Online Litigation Rules", "People's Courts Online Mediation Rules" and "People's Courts Online Operation Rules", further improve and improve online judicial procedures, optimize platform construction, and promote the maturity and finalization of the Internet judicial model.
Deepen the construction of Internet courts, promote the improvement of the establishment of Internet courts and the scope of jurisdiction of cases, and give full play to the normative and leading role of Internet courts in establishing rules, improving systems, and network governance.
29. Improve the level of service guarantee capability.
Firmly adhere to the party's absolute leadership over judicial work, adhere to the leadership of party building to promote trials, and promote the deep integration and mutual promotion of party building and trial work.
Increase the training of high-level judicial personnel in the fields of intellectual property, environmental resources, foreign-related rule of law, bankruptcy, finance, anti-monopoly, etc., and cultivate a group of judicial experts who have a strong market-oriented thinking and are proficient in related fields.
Through education and training, case guidance, exchanges and discussions, etc., to strengthen the guidance of trial business in relevant fields, the Supreme People's Court will release guiding cases and typical cases in relevant fields in a timely manner.
Make full use of various research platforms and resources of the people's courts, strengthen investigation and research on relevant major issues, and launch high-quality research results.
30. Strengthen organizational and implementation guarantees.
The people's courts at all levels should take service guarantees to speed up the construction of a large national unified market as a major political task, put them on the important agenda of the party group, study and solve new situations and new problems in the progress of the work in a timely manner, and determine whether there are regulations and issues that hinder the construction of a large national unified market. Carry out self-examination and clean-up of the actual situation.
All relevant departments of the Supreme People's Court should strengthen line guidance, and local courts should refine and improve service guarantee measures in light of the actual economic and social development of their regions, and introduce new and tough measures to ensure that various service guarantee measures are implemented and effective.
It is necessary to conscientiously summarize the good experience and practices of judicial service guarantee construction of a large national unified market, and conduct propaganda, summarization, and promotion in an all-media, multi-angle, and three-dimensional manner, so as to create a good public opinion atmosphere for accelerating the construction of a large national unified market.
Supreme People's Court
July 14, 2022