Openness brings progress, and the rule of law safeguards commerce. On September 25, the Supreme People's Court held a press conference to release the Opinions of the Supreme People's Court on Promoting the High level Opening up of the International Commercial Court with High Quality Development Services (hereinafter referred to as the Opinions) and the fifth batch of typical cases involving the construction of the "the Belt and Road".
From the camel bell sail of the ancient Silk Road to the steel bridge of the "the Belt and Road" today, China's opening door is opening wider and wider, and the escort of the rule of law is becoming more and more powerful. In March 2018, the General Office of the CPC Central Committee and the General Office of the State Council issued the Opinions on Establishing the the Belt and Road International Commercial Dispute Settlement Mechanism and Institution. The Supreme People's Court conscientiously implements the requirements of the Party Central Committee's strategic deployment. Since 2020, with the approval of the Supreme People's Court, 16 intermediate people's courts in Suzhou, Beijing, Chengdu, Xiamen, Shanghai, Chongqing and other places have successively established international commercial courts, forming a comprehensive, three-dimensional, high-quality service guarantee and high-level judicial pattern of opening up to the outside world.
The issuance of this Opinion is an important measure to deeply implement General Secretary Xi Jinping's series of important instructions on strengthening the construction of foreign-related rule of law, and to implement the Opinions of the Central Committee of the Communist Party of China on Strengthening Trial Work in the New Era. It is also the first normative opinion to systematically plan the high-quality coordinated development of the International Commercial Court of the Supreme People's Court and the International Commercial Court of the Local Court, demonstrating the firm determination of the People's Court to create a stable, fair, transparent and predictable market-oriented, rule of law and international first-class business environment for international commercial activities.
To clarify the goals and tasks, and deeply grasp the overall requirements for the high-quality development of the International Commercial Court. The first part of the Opinion is about the overall requirements for promoting the high-quality development of the International Commercial Court.
We need to innovate and improve the trial mechanism, and continue to promote the quality and efficiency improvement of international commercial trials. To achieve modernization of judicial work, the judicial system is the foundation and the judicial mechanism is the focus. In its specific work, the people's court should focus on how to effectively solve the problems and pain points that restrict the improvement of the quality and efficiency of international commercial trials, better support and serve Chinese path to modernization, and constantly forge ahead from optimizing the jurisdiction mechanism of foreign-related commercial cases, improving the case management mechanism, improving the litigation facilitation mechanism, improving the accurate application mechanism of international treaties and international practices, improving the mechanism for ascertaining extraterritorial laws, and innovating the court operation mechanism to improve the professionalism and internationalization of international commercial courts.
We need to deepen the promotion of diversified dispute resolution and achieve an organic connection between litigation, mediation, and arbitration. On the one hand, the people's courts should adhere to and develop the "Fengqiao Experience" of the new era, improve the coordination mechanism with functional departments, arbitration institutions, mediation organizations, industry organizations, judicial appraisal institutions, notary institutions, certification centers and other institutions, build a regional international commercial diversified dispute resolution platform, and fully play the important role of mediation in resolving international commercial disputes. On the other hand, we need to support and supervise the development of arbitration, fully leverage the role of the "one-stop" diversified international commercial dispute resolution platform, actively create a "friendly" judicial environment for arbitration, strengthen cooperation with international arbitration institutions, and promote the internationalization of China's arbitration industry.
We need to strengthen the reserve of foreign-related legal talents, deepen international judicial exchanges and cooperation, and promote the professionalization of international commercial courts. Foreign legal talents have a fundamental position and role in foreign-related judicial work. Since the 18th National Congress of the Communist Party of China, the Party Central Committee has attached great importance to the construction of foreign-related rule of law and has put forward clear requirements for cultivating foreign-related rule of law talents. The People's Court should improve the mechanism for selecting and appointing judges and staff of the International Commercial Court. Explore the establishment of a hierarchical training model for judges to enhance their ability to apply domestic and international laws, participate in the formulation of international rules, and handle foreign-related legal affairs. Strengthen exchanges and cooperation with overseas universities and international organizations, deepen practical exchanges and business training between different jurisdictions. At the same time, the people's courts should also promote and introduce China's foreign-related commercial legal system based on the actual judicial trial, make good use of resources such as international commercial court cases and the people's court case library, explain the Chinese characteristic foreign-related rule of law concepts, propositions, and successful practices, tell the story of China's foreign-related rule of law in the new era, and continuously enhance the influence and attractiveness of international commercial courts.
Strengthening the rule of law concerning foreign affairs is not only a long-term need to comprehensively promote the construction of a strong country and the rejuvenation of the nation with Chinese path to modernization, but also an urgent task to promote high-level opening up and respond to external risks and challenges. The people's courts should continue to conscientiously implement the major decision and deployment of the Third Plenary Session of the 20th Central Committee of the Communist Party of China on building a foreign-related trial system and trial capacity that is compatible with high-quality development and high-level openness, and help create a stable, fair, transparent, and predictable market-oriented, rule of law, and international first-class business environment, to further expand high-level opening-up with more powerful service guarantees, continuously enhance the international credibility and influence of international commercial trials, and provide Chinese wisdom for global governance.
