High quality and efficiency in carrying out foreign-related legal work to promote the construction of a socialist modernized international metropolis
2024-06-26
Shanghai is an important window for the world to observe China, representing the country in international cooperation and competition. Both the mission of the times and the orientation of the city require Shanghai's procuratorial organs to benchmark the highest international standards and the best level, to serve the "big country" and "important city" with high-quality and efficient foreign-related legal work, and to better support and serve Chinese path to modernization with the modernization of procuratorial work. Enhancing the political stance and enhancing the leading role of the procuratorial work related to the rule of law in foreign affairs. Standing at the height of better coordinating the domestic and international situations, as well as the two major issues of development and security, we adhere to political leadership, shape an international perspective, strengthen our mission and responsibility, strengthen and optimize the procuratorial work related to foreign affairs in Shanghai, and provide strong procuratorial guarantees for high-quality economic and social development and high-level opening up to the outside world. Doing a good job in prosecutorial foreign-related legal work is an inevitable requirement for the implementation of the national strategy in Shanghai. To make the construction of the "Five Centers" an important mission and serve the needs of national strategy. Whether it is Shanghai as the only sample city representing China in participating in the World Bank's business environment assessment, or the Shanghai Free Trade Zone Lingang New Area building a special economic function zone with more international market competitiveness, or the normalized holding of the China International Import Expo, which links the world, all require strong support from the procuratorial work related to foreign rule of law. Both require the procuratorial organs in Shanghai to actively connect, accurately perform their duties, and improve service levels and quality efficiency. Doing a good job in prosecutorial foreign-related legal work is a practical need to help Shanghai effectively respond to external risks and challenges. Currently, the international situation is severe and complex, with new and old contradictions converging into a trend. Shanghai is at the forefront of China's reform and opening up, and has always been at the forefront of contradictions and risks. As an important force in ensuring security and stability, the procuratorial organs strengthen the rule of law work related to foreign affairs, effectively respond to challenges and prevent risks through the use of the rule of law, resolutely safeguard national sovereignty, security, and development interests, safeguard the legitimate rights and interests of both domestic and foreign parties, and serve Shanghai's high-level opening-up to the outside world. This is an inevitable political and legal responsibility. Doing a good job in the rule of law related to foreign affairs in procuratorial work is essential for promoting the high-quality development of procuratorial work in Shanghai. The high-quality development of procuratorial work should be comprehensive, systematic, and three-dimensional, and the high-quality development of foreign-related legal work is an essential part. The procuratorial organs in Shanghai need to focus on reform and innovation, focusing on new missions, new deployments, and new growth points, and cultivating more samples and paradigms where people have their own strengths, strengths, and strengths. We need to create a new professional brand through high-quality and efficient handling of foreign-related cases, high-level international exchanges in procuratorial work, high-quality training of foreign-related legal talents, and high-level research on foreign-related legal theories, in order to add color to Shanghai's procuratorial work by striving for excellence, leading the way, and leading the way. Focusing on the central task to build the "support force" for the foreign-related rule of law work in procuratorial work. Wherever the central work of the Party is promoted, procuratorial work follows suit. The Shanghai procuratorial organs should focus on the important mission of building the "Five Centers", based on their legal supervision responsibilities, and comprehensively use methods such as punishment, prevention, supervision, protection, and governance to enhance the visibility and contribution of foreign-related legal work. Service marketization, rule of law, and international business environment construction. Proactively connect with the World Bank's new business environment assessment system and the Shanghai Action Plan for Adhering to Benchmarking Reform and Continuously Building an International First Class Business Environment (7.0 version of the Action Plan), in order to better serve the construction of an international first-class business environment through foreign-related legal services. Punish crimes that infringe on the rights and interests of foreign-funded enterprises and foreign investors in accordance with the law, apply mechanisms such as leniency in pleading guilty and leniency in punishment, and compliance of the involved enterprises equally, and protect the legitimate rights and interests of both domestic and foreign investors and operators. Taking the establishment of a separate intellectual property prosecution department as an opportunity, we will continuously improve the path for substantive participation of rights holders in criminal proceedings in foreign-related cases, focus on innovative frontiers such as Zhangjiang Science City and leading industries such as integrated circuits and artificial intelligence, and continuously enhance the comprehensive performance quality and efficiency of intellectual property prosecution. Explore the establishment of a supervision mechanism for foreign-related commercial trial activities and a supervision and relief path for foreign-related dispute litigation, arbitration, and mediation, and organize special supervision in the field of cross-border investment. Collaborate to build a financial market environment that meets international standards. Pay attention to drawing on international regulatory rules, clarify legal application standards, and create a fair, stable, and predictable market environment. Punish illegal money laundering activities such as underground banks and cross-border gambling in accordance with the law, support the negative list management model of the financial service industry in the Shanghai Free Trade Zone, protect capital flows for legitimate trade and investment in accordance with the law, and strictly prevent illegal cross-border fund flows. Punish and prevent illegal activities related to virtual currency, and maintain order in foreign exchange management. Collaborate with regulatory authorities to crack down on illegal fundraising and shadow banking, and participate in financial governance through suggestions from prosecutors. Enhance the professional level of foreign-related financial prosecution, deeply explore comprehensive performance of duties, guide relevant units to lawfully investigate and deal with cross-border securities violations and crimes under the mechanism of interconnection between domestic and overseas securities markets, promote compliant operation of the securities industry, explore public interest litigation for compensation prosecution of securities investors, and promote the healthy development of multi-level capital markets. A "China solution" to help build international digital trade rules. Actively keeping up with the new trend of digital trade development, improving the legal risk prevention and control of cross-border data flow, strengthening industry compliance guidance for cross-border e-commerce and digital commerce, ensuring the healthy development of application scenarios such as digital trade and cross-border payment, and preventing cross-border data flow from damaging national security and enterprise and citizen information security. Intensify data security measures, closely cooperate with relevant departments, strictly regulate illegal data collection activities carried out by domestic institutions and individuals, and explore legal protection paths for security sensitive data information beyond state secrets. Cooperate with relevant competent departments and Internet platform enterprises, explore intelligent data security governance paths, and promote the efficient circulation and use of data compliance. Participating in Global Governance and Expanding the Influence of Prosecutorial and Foreign Rule of Law Work. Prosecutorial agencies participating in global governance not only need to tell prosecutorial stories well, deepen international exchanges and cooperation in prosecutorial work, but also promote the spirit of struggle, and contribute prosecutorial power to promote the development of global governance towards a more just and reasonable direction through foreign-related legal struggles. Explore all-round international exchanges in prosecution. Under the leadership of the Supreme People's Procuratorate, the procuratorial organs of Shanghai should actively participate in international judicial exchanges, systematically maintain and develop international cooperation mechanisms, promote and showcase the socialist procuratorial system with Chinese characteristics and Shanghai practices, and create a good international environment for the international community to understand and recognize the rule of China, relying on international multilateral cooperation platforms such as the United Nations, Interpol, and the Shanghai Cooperation Organization. With the support of the foreign affairs department, we will strengthen communication and exchange with consulates in Shanghai, and play the role of local procuratorial organs in orderly carrying out foreign-related legal work. Standardize international criminal judicial assistance. Throughout the years, cross-border crimes such as drugs, terrorism, human trafficking, and smuggling of cultural relics have been repeatedly prohibited, and new types of crimes committed through the use of networks, AI technologies, and other means are on the rise. International judicial assistance needs to be further strengthened. The procuratorial organs of Shanghai should effectively carry out judicial assistance work in accordance with the International Criminal Judicial Assistance Law, extradition treaties and judicial assistance treaties signed between China and relevant countries, and pay attention to information exchange and sharing of judicial practice experience. They should actively explore legal assistance methods such as extraterritorial investigation and evidence collection, and improve the judicial efficiency of foreign-related law enforcement. Explore measures against sanctions, interference, and long arm jurisdiction. The Shanghai procuratorial organs are at the bridgehead of opening up to the outside world. They should take the initiative and fight against foreign countries that implement inappropriate measures that harm the legitimate rights and public interests of Chinese enterprises. According to Article 12 of the Anti Foreign Sanctions Law, we can explore ways to participate in countermeasures through civil public interest litigation, civil support litigation, and other means, enriching the "toolbox" for protecting public interests and the legitimate rights and interests of Chinese citizens and organizations under the foreign-related rule of law system. Strengthening the talent foundation and cultivating the "soft power" of foreign-related legal work in procuratorial work is an urgent task and basic project to cultivate a group of foreign-related legal talents with a firm political stance, excellent professional quality, understanding of international rules, and proficient in foreign-related legal practice. The procuratorial organs of Shanghai should fully leverage the geographical advantages of talent gathering and opening up in the Yangtze River Delta region, and create a highland for foreign-related legal talents. Strengthen the cultivation of foreign-related legal talents. We need to incorporate the cultivation of foreign-related legal talents into the five-year plan for the cultivation of prosecutorial talents in Shanghai. By selecting personnel to study and train abroad, strengthening the handling of foreign-related cases, and other measures, we can enhance the professional level of foreign-related case handling. Support members of the procuratorial foreign-related rule of law talent pool to international organizations and institutions in the fields of international justice, arbitration, mediation, legal services, as well as legal institutions and Chinese enterprises in the joint construction of the "the Belt and Road" countries to practice, expand international vision, become familiar with international rules, and improve the foreign-related rule of law work level and practical ability. Establish a professional organization for handling foreign-related legal cases. Explore the specialized and centralized handling of foreign-related cases, pilot the establishment of a foreign-related legal professional case handling team, to perform their duties in accordance with the law, comprehensively, and actively, ensuring the quality and efficiency of foreign-related case handling. Explore the establishment of a city wide, cross administrative case handling base, take the lead in establishing a regular communication, cooperation, and consultation mechanism with foreign affairs departments and other foreign-related units, carry out practical training, strengthen training in the same room, and systematically, comprehensively, and continuously improve the level of professional construction of foreign-related rule of law. Establish a research center for foreign-related legal prosecution. Relying on the advantages of the China Shanghai Cooperation Organization International Judicial Exchange and Cooperation Training Base and the Supreme People's Court's "the Belt and Road" Judicial Research Base located in Shanghai, we will establish a foreign-related legal procuratorial research center, carry out foreign-related legal personnel training, curriculum research and development, theoretical research, etc., launch foreign-related legal research achievements with more practical guidance, and guide practical innovation and practical breakthrough with theoretical innovation and theoretical breakthrough. The new era and new journey call for new achievements in foreign-related procuratorial work. The procuratorial organ of Shanghai will shoulder its mission, take responsibility consciously, innovate, forge ahead, and work hard, conscientiously answer the "procuratorial response" to serve the high-level opening up, work together to do a good job in the "Shanghai article" of foreign-related rule of law work, and strive to contribute wisdom and strength to the modernization of procuratorial work and to give full play to the leading and exemplary role of Shanghai in promoting Chinese path to modernization. (Author Chen Yong, Secretary of the Party Group and Chief Prosecutor of the Shanghai People's Procuratorate)
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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