Efforts will be made to improve the quality and efficiency of commercial contract trials through the "Four Strengthenings" sound mechanism and rules

2023-09-20

On the afternoon of September 19th, Wang Zhongming, a second level judge of the People's Republic of China and the President of the Gansu Provincial High People's Court, attended the China Shanghai Cooperation Organization National Local Court Judges Forum (2023) and gave a special speech on "Trial Mechanism and Litigation Rules for Commercial Contract Cases". Wang Zhongming introduced the practice of Gansu courts focusing on the "four enhancements" to improve the quality and efficiency of commercial trials. One is to strengthen market service guarantee. Firmly establish the concept of legality, equality, and comprehensive protection, respect the freedom of commercial contracts and autonomy of will, respect the trading habits and commercial judgments of market entities, ensure transaction safety, safeguard the legitimate rights and interests of various market entities, and continuously optimize the legal business environment. The second is to strengthen the improvement of trial quality and efficiency. Increase judicial guidance and strengthen the guidance for judging financial cases, private lending cases, and bankruptcy cases. Strengthen professional trials and achieve a "dual centralized" approach to handling and guiding commercial cases. Optimize the trial mode and explore a trial mechanism of "exemplary judgment+entrusted mediation". The third is to strengthen judicial coordination and linkage. Establish and improve the linkage mechanism between the government and the court, actively establish a financial and judicial coordination mechanism, continue to promote the "point-to-point" online litigation and mediation docking, and achieve systematic governance, comprehensive governance, and source governance of conflicts and disputes. The fourth is to strengthen the prevention and control of major risks. Actively utilize judicial big data, phased financial case analysis, and other means to promptly report the situation and provide suggestions to financial units and regulatory authorities. Actively participate in the collection and disposal of financial non-performing loans, and deploy special actions such as executing cases involving financial non-performing assets. Establish a reasonable and penetrating judgment mindset, maintain financial market order in accordance with the law, and reduce risks and hidden dangers. Special speeches were made by Karasheva Anar Bidahmetovna, President of the Turkestan District Court of the Republic of Kazakhstan, Sadia Arshad, District Judge of the Khyber Pakhtunkhwa Province of the Islamic Republic of Pakistan, and Zuyev Andrei Olegovich, President of the Third Commercial Second Instance Appeals Court of the Russian Federation. (New News Agency)

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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