Supreme Law: Promoting The Reform Of Foreign-Related Commercial Maritime Trial System

The Fourth National Conference on foreign-related commercial maritime trial was held in Tianjin on 18 th.

Speaking at the meeting, Shen Deyong, executive vice president of the Supreme People's court, stressed that it is necessary to scientifically plan the reform of institutional mechanisms for foreign-related commercial maritime trial, with reform as the driving force, and continuously promote the scientific development of foreign-related commercial maritime trial.

Shen Deyong said that at present, the international economic and political structure has been profoundly adjusted, the open economy and the marine economy have been further developed, and the rule of law has been comprehensively promoted. The relationship between foreign-related commercial maritime trial and the national development strategy is getting closer and closer. Under the new historical conditions, this work must be vigorously strengthened.

As the international window of China's judicature, foreign-related commercial maritime trial plays an irreplaceable role in safeguarding the state's rule of law authority, enhancing the international credibility of the judiciary, and highlighting the image of ruling the country according to law.

Courts at all levels should constantly strengthen the construction of specialized judicial institutions, strive to improve the quality of judicial teams, and provide strong organizational and personnel protection for foreign-related commercial maritime trials.

We should expand our international vision and strategic vision, strengthen the thinking of national interests, highlight the internationalization characteristics of foreign-related commercial maritime trial, and continuously improve foreign related affairs.

International influence of maritime trial.

We must comply with foreign affairs.

According to the international standards and requirements, we should do well in the work.

We should give full play to the trial function, actively serve the construction of the new system of open economy and the construction of a powerful maritime country, enhance the soft power of the rule of law, and provide a legal guarantee for safeguarding the rights and interests of the state and enhancing the core competitiveness of the country.

We should scientifically plan the reform of the system and mechanism of foreign-related commercial maritime trial, take reform as the driving force, and constantly promote the scientific development of foreign-related commercial maritime trial.

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The identification of foreign law has always been a difficult point in foreign trials. Courts often face difficulties in identifying foreign laws and how to authenticate foreign laws provided by the parties.

Recently, the Ningbo intermediate people's court signed a cooperation agreement with the East China University of political science and law, establishing a foreign-related civil and commercial trial commissioned by legal experts to identify foreign legal mechanisms, and exploring the strength of universities to solve queries, which is still the first in China.

"In the practice of foreign trial, it is difficult for the court to find out the difficulties of foreign law in accordance with its authority, especially when the foreign law, which needs to be identified, is limited to the means and channels of inquiry.

Similar to foreign professional service institutions in our country is still blank.

Therefore, it often leads to long delay, difficult to judge, or even arbitrarily using the law in our country, which greatly affects the normal development of foreign-related trial work.

Wang Wenyan, vice president of the Municipal Intermediate People's court, introduced the cooperation to establish a special cooperation mechanism for foreign law identification between courts and universities, and to further enhance the construction of "rule of law in Ningbo".

It is reported that after the establishment of the cooperation mechanism, if there is a need for two municipal courts in the city, we can entrust the six law court of the Municipal People's court to entrust the international law research center of Huadong University of political science and law for the identification of foreign laws.

According to the agreement, as far as the statute law is concerned, it is possible to issue identification within 1 months. For case law, it is necessary to issue identification as far as possible within 3 months.