Supreme Law Promulgates Judicial Interpretation on the Jurisdiction of Chengdu Chongqing Financial Court Cases

2022-12-21

Today, the Supreme People's Court issued the Provisions of the Supreme People's Court on the Jurisdiction of Chengdu Chongqing Financial Court Cases (hereinafter referred to as the "Provisions"), which will come into force as of January 1, 2023. The Regulations further clarify the jurisdiction of Chengdu Chongqing Financial Court, which plays a fundamental role in ensuring the formal operation of Chengdu Chongqing Financial Court and the effective performance of its statutory functions. Chengdu Chongqing Financial Court is the first special financial court established across provincial administrative regions in China. The establishment of Chengdu Chongqing Financial Court is a specific measure to implement the decision and deployment of the Central Committee of the Communist Party of China. It is of great significance to serve and ensure the implementation of the national financial strategy, improve the financial judicial system with Chinese characteristics, maintain financial security, and promote the healthy development of the construction of Chengdu Chongqing double city economic circle. In order to further clarify the specific scope of jurisdiction of Chengdu Chongqing Financial Court cases, the Regulations earnestly implement the Plan on the Establishment of Chengdu Chongqing Financial Court adopted by the Central Committee for Comprehensive Deepening Reform and the Decision on the Establishment of Chengdu Chongqing Financial Court made by the Standing Committee of the National People's Congress, firmly establish the concept of integrated development of Chengdu Chongqing economic circle, and based on the positioning of "two cities and one financial court", Highlight the function of Chengdu Chongqing Financial Court as a special court with trans provincial jurisdiction, and ensure the unity of the judgment scale of financial cases in the two places. According to the cross provincial jurisdiction function orientation of Chengdu Chongqing Financial Court, the Regulations set up 11 items, comprehensively defined the three types of financial civil and commercial cases, financial related administrative cases, and enforcement cases under the jurisdiction of Chengdu Chongqing Financial Court, and divided the trial level relationship of financial cases in courts at all levels in Sichuan and Chongqing. According to the Regulations, the Chengdu Chongqing Financial Court has achieved "should manage despite" for financial cases in Chongqing and Sichuan that fall within the scope of Chengdu Chongqing double city economic circle. The financial civil and commercial cases under the jurisdiction of Chengdu Chongqing Financial Court mainly include financial civil and commercial disputes, financial institution company disputes, financial institution bankruptcy cases, relevant arbitration judicial review cases, application for recognition and enforcement of foreign court judgments, etc. The Chengdu Chongqing Financial Court also exercises centralized jurisdiction over relevant cases involving overseas financial activities that damage the legitimate rights and interests of domestic investors and civil and commercial cases involving financial infrastructure institutions within its jurisdiction. The financial administrative cases under the jurisdiction of Chengdu Chongqing Financial Court mainly include financial administrative disputes involving financial regulators and organizations authorized by laws, regulations and rules, and financial administrative cases involving financial infrastructure institutions within the jurisdiction. The enforcement cases under the jurisdiction of Chengdu Chongqing Financial Court mainly include civil and commercial cases and administrative cases of the first instance, cases of objection to enforcement and cases of objection to enforcement arising therefrom, and cases of enforcement review and appeals of objection to enforcement in the process of enforcement of financial cases by basic courts within the jurisdiction. It is understood that in the next step, the Supreme People's Court will further strengthen the supervision and guidance of the Chengdu Chongqing Financial Court, closely combine the reality of the interprovincial financial court, adhere to reform and innovation, constantly study and solve new situations and problems in practice, build a benchmark financial court with a high starting point, high standards and high levels, and promote the high-quality development of the work of the Chengdu Chongqing Financial Court. (Outlook New Times)

Edit:sishi    Responsible editor:xingyong

Source:http://rmfyb.chinacourt.org/paper/html/

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