Shanghai High Court Releases White Paper on Financial and Commercial Trials and Typical Cases to Promote the Construction of a Benign and Healthy Financial Market Ecology with Judicial Power

2023-10-23

A case in the hands of a judge fills the hearts of the people. For the parties involved, every case is a major event; For the court, the handling of every "small case" demonstrates judicial philosophy and wisdom. The people's court should focus on fairness and efficiency, establish the concept of "small cases are not small, small cases are not small", handle "small cases" well, and achieve fairness and justice in every "small case". The small case concerns the most direct and practical interests of the people, and is the closest field to the people's livelihood and judicial conscience. Small cases account for the vast majority of the cases accepted by grassroots courts every year. However, behind each small case, it is likely to be related to the success or failure of a family, village, or enterprise. From a small perspective, treat every case as a major matter, use small "questions" and big "actions" to win the satisfaction of the masses. Practice fairness and efficiency, prioritize handling small cases, and improve quality and efficiency to promote fairness. Adhere to the principle of placing equal emphasis on fairness and efficiency, deepen the reform of case handling mechanisms, strengthen the construction of expedited arbitration teams, optimize the allocation of expedited enforcement forces, and transfer more cases to the "fast lane" for handling, in order to help accelerate fairness and justice through case process reengineering. Focusing on the goal of improving the quality of case handling, strictly implementing the review system of judicial documents, improving the quality supervision mechanism of the review committee, and striving to turn every "small case" into an iron case and a high-quality case. Adhere to technology empowerment and smart leadership, strengthen modular trials, promote paperless case handling, make good use of China Mobile's micro court, cloud court and other network platforms, truly apply the achievements of smart court construction to the entire process of law enforcement and case handling, and promote a significant leap in the quality and efficiency of law enforcement and case handling. Raise your political stance and deepen the handling of 'small cases', as I am suing to alleviate public concerns. Deeply understand that "the main body feeling fairness and justice is the people", build a strong sense of empathy, and guide the parties to choose pre litigation mediation to resolve disputes at the filing stage, and strive to resolve disputes at the source and front; Adhere to the principle that there must be a case and a lawsuit must be resolved. If a mediation or settlement agreement cannot be reached, immediately transfer to the litigation process to ensure seamless connection of all links. During the trial stage, we continuously strengthen our awareness of the trial, focus on the focus of case disputes, strengthen the investigation of facts, fully rationalize the judgment documents, answer questions after the judgment, and try our best to resolve the substantive disputes involved. During the execution phase, we will adhere to the normalization and institutionalization of special execution actions related to people's livelihoods, establish a 24-hour rapid response mechanism, and promptly implement the property available for execution by the person being executed. Follow the mass line, handle small cases with precision, and be proactive in fulfilling their duties to help development. We must adhere to putting non litigation dispute resolution mechanisms at the forefront, develop the "Fengqiao Experience" of the new era, deepen the governance of litigation sources, and strive to resolve conflicts and disputes at the source and front-end. Efforts should be made to strengthen the service, judgment, and litigation, pay attention to the quality and effectiveness of case handling, increase mediation efforts, accelerate the realization of the people's rights and interests in winning lawsuits, substantially resolve disputes, and minimize the "derivative" of cases. We should be based on facts and laws, respect the personal feelings of the people, and ensure that each case can withstand the professional evaluation of fairness and justice by laws and regulations, as well as the examination of the people's simple concept of fairness and justice. Firmly grasp the most direct and realistic interests of the people, and handle every case of people's livelihood well and meticulously

Edit:Wang Chen    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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