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来源:浙江天平 发布日期:2023-08-11 14:11:20 浏览量:1465


7月24日,浙江省高级人民法院召开全省涉外涉港澳台商事及海事审判工作会议,首次向社会发布中英文双语《2018-2022年浙江法院涉外涉港澳台商事及海事审判工作报告》,并发布2018年至2022年浙江法院涉外涉港澳台商事审判典型案例及浙江法院海事审判典型案例。


报告全文如下:

当前,世界百年未有之大变局加速演进,国际力量对比发生深刻变化,原有的多边贸易和争端解决规则在重塑调整,我国发展进入战略机遇和风险挑战并存、不确定难预料因素增多的时期,涉外法治的重要性日益凸显。党的二十大对推进高水平对外开放、加快建设海洋强国、捍卫国家主权安全发展利益、推动构建人类命运共同体等作出重大部署,强调“统筹推进国内法治和涉外法治”,为加强人民法院涉外商事海事审判工作指明了方向、提供了根本遵循。浙江是习近平法治思想重要萌发地和法治中国建设重要实践地,在新时代新征程上,浙江省委部署了大力实施数字经济创新提质“一号发展工程”、营商环境优化提升“一号改革工程”、地瓜经济提能升级“一号开放工程”重大任务,对浙江法院涉外商事海事审判工作提出了更高要求。五年来,浙江法院坚持以习近平新时代中国特色社会主义思想为指导,深入学习贯彻习近平法治思想,认真贯彻党中央、最高法院、省委的部署要求,坚持统筹推进国内法治和涉外法治,以深化政治建设、规范化建设、智能化建设和基层基础建设这“四项建设”为抓手,不断强化涉外商事海事审判效能、健全涉外商事海事纠纷多元解决机制、提升审判公信力和国际影响力,为更高水平对外开放和海洋强省建设作出积极贡献。


Against the accelerating changes unseen in a century, the profound variation in the international power balance, and the reshaped multilateral trade and dispute settlement rules, China has entered a development period of both opportunities and challenges, facing growing uncertain and unpredictable factors, in which the foreign-related rule of law has become increasingly prominent. With an emphasis on “advancing the rule of law in domestic and foreign-related affairs in a coordinated manner”, the 20th CPC National Congress made major plans to accelerate high-level opening-up and the building of a strong maritime nation, defend national sovereignty, security, and development interests, and better construct a community with a shared future for humanity, which pinpoints the direction and fundamental guidelines for the people’s courts in foreign-related commercial and maritime trials. As an important birthplace of Xi Jinping Thought on the Rule of Law, Zhejiang has contributed significantly to the rule of law in China. The CPC Committee of Zhejiang Province has deployed the “No. 1 Development Project” to drive innovation and quality improvement of the digital economy, the “No. 1 Reform Project” to optimize and enhance the business environment, and the “No. 1 Opening-up Project” to upgrade the “sweet potato economy”, while putting forward higher requirements for the courts in Zhejiang in foreign-related commercial and maritime trials in the new era. Over the past five years, the courts in Zhejiang, guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, have conducted an in-depth study and implementation of Xi Jinping Thought on the Rule of Law, followed the requirements of the CPC Central Committee, the Supreme People’s Court, and the CPC Committee of Zhejiang Province, and adhered to the overall promotion of rule of law in domestic and foreign-related affairs. By propelling political, standardization and intelligent construction, as well as grass-roots infrastructure, the courts have steadily heightened the effectiveness of foreign-related commercial and maritime trials, the multi-solution mechanism for foreign-related commercial and maritime disputes, and the credibility of the trial and global impact, thus great contributions have been made in higher-level opening up and a strong marine province.


一、浙江法院涉外商事海事审判基本情况


I. Status Quo


浙江法院涉外商事海事审判工作涵盖了根据最高人民法院《关于明确第一审涉外民商事案件级别管辖标准以及归口办理有关问题的通知》确定的涉外民商事纠纷、外商投资企业纠纷、民商事司法协助、仲裁司法审查等十类案件和海事海商纠纷案件。因涉港澳台民商事纠纷、港澳台商投资企业纠纷与上述各类案件均由浙江高院民四庭归口办理,故此次一并总结有关工作情况。


The foreign-related commercial and maritime trials of the courts in Zhejiang have covered ten categories of cases including foreign-related civil and commercial disputes, foreign-invested enterprise disputes, judicial assistance in civil and commercial matters, judicial review of arbitration, which is specified by the Supreme People’s Court in the Notice on the Clarification of the Jurisdiction and Management of Foreign-Related Civil and Commercial Cases of the First Instance. Since the civil and commercial disputes involving Hong Kong, Macao, and Taiwan, and disputes involving Hong Kong, Macao, and Taiwan-invested enterprises are handled by the Fourth Civil Division of Zhejiang High People’s Court together with the above-mentioned cases, they will be covered in the following summary.


(一)涉外司法需求不断增长,审判质效稳中有升


i. Growing demand for foreign-related justice and steady increase in trial quality and efficiency


2018年至2022年,全省法院共受理一审涉外民商事纠纷4646件、涉港澳台民商事纠纷2945件、外商及港澳台商投资企业纠纷8534件、海事海商纠纷10914件,共计27039件,审结共27313件,同期结案率101%,收结案基本保持动态平衡,以调解或撤诉(准予撤诉或按撤诉处理)方式结案有12728件,调撤率为46.6%,总标的金额达1325亿元。其中,外商及港澳台商投资企业纠纷数自2019年起开始逐年下降,涉外涉港澳台民商事和海事海商纠纷数均呈先降后升、总体上升趋势,此外,全省法院还受理仲裁司法审查案件5518件、民商事司法协助案件4254件。总体而言,浙江涉外商事海事司法需求仍在增长,全省法院涉外审判质效稳中有升。


From 2018 through 2022, the courts in Zhejiang received a total of 27,039 cases, including 4,646 first-instance foreign-related civil and commercial disputes, 2,945 civil and commercial disputes involving Hong Kong, Macao, and Taiwan, 8,534 disputes over foreign and Hong Kong, Macao, and Taiwan-invested enterprise, and 10,914 maritime and commercial disputes. Among them, 27,313 cases were concluded, achieving a completion rate of 101% in the same period; the collection and conclusion of cases maintained a dynamic balance; and 12,728 cases, about 46.6% were settled by mediation or dismissal (dismissed or treated as dismissed), with a total amount of subject matter of 132.5 billion yuan. Besides, the number of disputes over foreign and Hong Kong, Macao, and Taiwan-invested enterprises began to decline year by year since 2019, and the number of foreign-related civil, commercial, and maritime disputes and those involving Hong Kong, Macao, and Taiwan has taken on an overall upward trend after declining at the very beginning. In addition, the courts also accepted 5,518 arbitration judicial review cases and 4,254 cases of judicial assistance in civil and commercial matters. Overall, the demand for foreign-related commercial and maritime justice in Zhejiang is still growing, and the quality and efficiency of foreign-related trials have been steadily increasing. 


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12018-2022年全省法院各类一审涉外商事海事纠纷收案占比

Fig.1 The proportion of cases received in various types of first-instance foreign-related commercial and maritime disputes in the courts of Zhejiang in 2018-2022

 

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图2:2018-2022年全省法院一审涉外商事海事纠纷收案态势

Fig.2 The trend of the first-instance foreign-related commercial and maritime disputes in the courts of Zhejiang in 2018-2022


(二)案由分布相对集中,类型化纠纷治理有效


ii. Relatively concentrated distribution of causes and effective governance of different types of disputes


2018年至2022年间,全省法院受理的一审涉外商事海事案件涉及案由多达300余个,但主要类型案件数相对集中。在涉外涉港澳台民商事案件中,民间借贷、买卖合同纠纷等十类案由收案共计4378件,占总数的57.67%;在海事海商案件中,船员劳务合同、海上货运代理合同纠纷等十类案由收案共计8350件,占总数的76.51%。与2013-2017年比较,近五年来民间借贷纠纷、买卖合同纠纷、金融借款合同纠纷等传统的类型化纠纷收案量均有不同程度下降,尤其是金融借款合同纠纷收案数同比下降57.77%,反映出对涉外传统类型纠纷的诉源治理举措有力,使更多纠纷化解在诉前;与公司有关的纠纷数量上升较为明显,同比上升40.86%,其中股权转让纠纷、股东损害公司债权人利益纠纷数量增幅较大,反映外商及港澳台商投资企业股权交易日益频繁,股权交易、公司治理规范性有待提升。


From 2018 through 2022, 300-odd first-instance foreign-related commercial and maritime cases were received by the courts in Zhejiang, with relatively concentrated causes of cases. In foreign-related and Hong Kong, Macao, and Taiwan-related civil and commercial cases, 4,378 fell into the ten types of cases such as civil lending and sales contract disputes, accounting for 57.67% of the total; among maritime and commercial cases, the number of cases falling into the ten major types such as disputes over crew labor contract and maritime freight forwarding contract reached 8,350, accounting for 76.51% of the total. Compared with the period of 2013-2017, the number of traditional types of disputes such as civil lending disputes, sales contract disputes, and financial loan contract disputes has decreased to different degrees in the past five years. In particular, the number of financial loan contract disputes decreased by 57.77% year-on-year, reflecting prominent results in resolving traditional foreign-related disputes before litigation. Besides, the significant increase of 40.86% year-on-year in the number of disputes related to enterprises, particularly in disputes over equity transfer and disputes over shareholders damaging the interests of company creditors, mirrors the increasingly frequent equity transactions of foreign and Hong Kong, Macao, and Taiwan-invested enterprises, indicating an urgent need to standardize equity transactions and corporate governance.

 

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32018-2022年涉外涉港澳台民商事、海事海商纠纷十类主要案由收案数

Fig.3 The number of foreign-related and Hong Kong, Macao, and Taiwan-related cases received in ten major categories of civil and commercial disputes and maritime disputes from 2018-2022


(三)所涉地域不断扩大,对外开放程度逐渐加深


iii. Expanding involved territory and deepening opening-up


2018-2022年间,全省法院受理的一审涉外涉港澳台民商事和涉外海事纠纷案件涉及国家和地区共计162个,其中涉中国香港特区、中国台湾地区、美国、意大利、法国等地的案件最多,占总案量的55.47%,分布相对较为集中。与2013-2017年间相比,新增英属维尔京群岛、塞尔维亚、开曼群岛等24个国家和地区,案件所涉地域不断扩大,反映我省对外经贸往来的区域越发广泛,市场主体更加多元,开放程度逐渐加深。此外,近五年涉“一带一路”合作共建国家案件数量明显增多,与2013-2017年比较,涉意大利、俄罗斯、越南、也门、埃塞俄比亚等地案量增幅明显,其中涉意大利案量增长27%,涉俄罗斯案量增长72%,涉越南、也门、埃塞俄比亚案量增幅均超过100%,反映我国与“一带一路”合作共建国家的经贸往来不断深入。


During the period of 2018-2022, the courts in Zhejiang received a total of 162 first-instance foreign-related and Hong Kong, Macao, and Taiwan-related civil and commercial cases, most of which involved Hong Kong, Taiwan, the United States, Italy, and France, accounting for 55.47% of the total number of cases, with a relatively concentrated distribution. Compared with 2013-2017, the geographical areas involved in the cases have been expanding, with 24 new countries and regions such as the British Virgin Islands, Serbia, and the Cayman Islands being covered, which reflects more extensive foreign trade and economic exchanges, more diversified market subjects, and a higher level of opening up in Zhejiang. Additionally, the number of cases involving the countries participating in the Belt and Road initiative has increased significantly in the past five years. In contrast with 2013-2017, the number of cases involving Italy, Russia, Vietnam, Yemen, and Ethiopia has risen enormously, with the volume of cases involving Italy increased by 27%, Russia by 72%, Vietnam, Yemen, and Ethiopia by over 100%, showing vigorous economic and trade exchanges between China and partner countries of the Belt and Road initiative.

 

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42018-2022年间受理案件涉及的十个主要国家和地区

Fig.4 Ten major countries and regions involved in the cases received during 2018-2022


二、浙江法院涉外商事海事审判工作成效


II. Fruitful Achievements 


五年来,浙江法院通过全面深化政治建设、规范化建设、智能化建设和基层基础建设,推动涉外商事海事司法在服务大局、执法办案、数字赋能、多元解纷等各方面不断走深走实。


Over the past half-decade, courts in Zhejiang have propelled political awareness, standardization, intelligence, and grass-roots infrastructure construction to bring into play foreign-related commercial and maritime justice in serving the overall situation, law enforcement, digital empowerment, and diversified dispute resolution. 


(一)深化政治建设,司法服务大局能动性不断增强


i. Political awareness to constantly enhance the dynamic role of judicial services in further opening-up


1.强化制度保障,明确司法服务开放大局的总体要求。2018年浙江高院出台《关于为我省构建全面开放新格局提供有力司法保障的意见》,以服务保障我省以“一带一路”建设为统领构建全面开放新格局的重大决策部署为总体目标,从大力提升“一带一路”建设司法保障的国际公信力、公正高效审理与开放型经济相关的各类案件、依法保障国际化营商环境建设等五个方面提出19条具体举措,明确国际贸易、外商投资企业、海事海商及涉自由贸易试验区等各类纠纷审理要点,涵盖立案、审判、执行、司法服务、多元解纷等各环节主要任务,为全省法院服务保障高水平对外开放提供了制度保障。


(i) Institutions have been guaranteed for the general requirements of judicial services and opening up. The 2018 Opinions on Providing Strong Judicial Protection for the Construction of a New Comprehensive Opening-up Pattern in Zhejiang issued by Zhejiang Higher People’s Court put forward the overall goal of serving and protecting the province’s major decision to build a new comprehensive opening-up pattern with the implementation of the Belt and Road initiative. A total of 19 specific measures were formulated in terms of improving the international credibility of the Belt and Road initiative, the fair and efficient trial of various types of cases related to the open economy, and an international business environment following the law. The Opinions also made clear the priorities in handling disputes over international trade, foreign-invested enterprises, maritime and commercial affairs, and pilot free trade zone-related issues, covering the major links of filing, trial, execution, judicial services, and diversified dispute resolution, providing institutional support for the province’s courts to serve and guarantee a higher level of opening up.


2.推进平台建设,找准司法服务开放大局的着力点。自贸试验区建设是新时代推进改革开放的重要战略举措,也是法院服务保障高水平对外开放的主要着力点和结合点。2017年中国(浙江)自由贸易试验区(以下简称浙江自贸试验区)设立以来,浙江法院高度重视自贸试验区司法保障工作,2018年设置舟山中院自贸试验区法庭和宁波海事法院自贸试验区海事法庭,通过创建自贸试验区中英文网站、编写自贸试验区司法服务指引、健全海事法院与地方法院衔接机制等多种举措,全面加强自贸试验区司法服务。舟山中院与宁波海事法院结合审判实践,开展“造船航运企业破产案件审理中与海事案件相互衔接”改革试点,进一步优化造船航运企业破产办理流程,改进破产案件与海事案件在案件管辖、船舶拍卖、船舶扣押保全措施解除与费用负担等各环节相互衔接难的痛点问题,使各类船舶优先权和特殊优先权得以快速实现,对推进破产办理便利化,改善自贸试验区营商环境起到重要作用。该项改革入选最高法院2022年发布的“人民法院服务保障自由贸易试验区建设亮点举措”。


(ii) Platforms have been constructed as the bases for judicial services and opening up. The construction of the pilot free trade zone is an important strategic measure for reform and opening up in the new era and for the courts’ services in ensuring a high-level opening up. Since the establishment of China (Zhejiang) Pilot Free Trade Zone (hereinafter referred to as Zhejiang Pilot FTZ) in 2017, the courts in Zhejiang have attached great importance to the judicial protection in the Pilot FTZ. In 2018, the Pilot FTZ Court of Zhoushan Intermediate People’s Court and the Pilot FTZ Maritime Tribunal of Ningbo Maritime Court were set up for better judicial services in the Pilot FTZ through the English and Chinese websites of the FTZ, the compilation of the Pilot FTZ judicial services guidelines, and the perfected cohesion between maritime courts and local courts. The reform of “connecting shipbuilding and shipping enterprise bankruptcy cases and maritime cases” has been piloted at the Zhoushan Intermediate People’s Court and Ningbo Maritime Court combined with the practice of adjudication to further optimize the bankruptcy process of shipbuilding and shipping enterprises, and solve the thorny problems of interconnection between bankruptcy cases and maritime cases in the areas of case jurisdiction, ship auction, the release of ship arrest, and cost burden. On that premise, the various types of ship priority and special priority can be executed promptly, which plays an important role in facilitating bankruptcy handling and improving the business environment of the FTZ. The reform was selected as one of the “Highlights of the People’s Court’s Services to Guarantee the Construction of Pilot Free Trade Zone” issued by the Supreme People’s Court in 2022.


2020年浙江自贸试验区扩区后,高院牵头开展了重点调研课题《关于赋权扩区背景下自贸试验区司法保障新情况新问题的调研》,并根据调研情况出台《关于健全工作机制为自贸试验区建设提供有力司法服务和保障的通知》,进一步健全杭州、宁波、金义、舟山四片区法院整体保障工作机制,支持指导各片区法院立足区域功能定位打造特色司法品牌,进一步服务保障我省全面实施自贸试验区提升战略。杭州中院、宁波海事法院、钱塘法院、萧山法院、义乌法院先后出台相关文件服务保障自贸试验区各片区和区块差异化发展。


After the expansion of Zhejiang Pilot FTZ in 2020, Zhejiang Higher People’s Court took the lead in the “research on the new situation and new problems of judicial protection in the Pilot Free Trade Zone in the context of empowerment and expansion”, and issued the Notice on Improving the Working Mechanism to Provide Strong Judicial Services and Protection for the Construction of Pilot Free Trade Zone based on the research to further improve the overall protection mechanism of the courts in Hangzhou, Ningbo, Jinhua, Yiwu, and Zhoushan. The courts in these areas have been supported and guided to create special judicial brands based on their regional functions and positioning to serve and guarantee Zhejiang in implementing the Pilot FTZ improvement strategy in a holistic manner. Relevant documents have also been issued by Hangzhou Intermediate People’s Court, Ningbo Maritime Court, Qiantang Court, Xiaoshan Court, and Yiwu Court to serve and protect the differentiated development of the various areas of the Pilot FTZ.


围绕杭州片区建设数字经济高质量发展示范区的功能定位,结合浙江跨境数字贸易持续发展,跨境电商类纠纷不断涌现的实际情况,杭州互联网法院于2020年设立了全国首家依法集中审理跨境数字贸易纠纷的人民法庭——跨境贸易法庭,并于运行一年后发布服务保障浙江自贸试验区跨境贸易白皮书及十大典型案例,总结跨贸纠纷裁判规则,为支持互联网商业模式创新发展和引领数字经济健康有序运营提供有力司法保障。


Focusing on the functional positioning of building Hangzhou into a demonstration zone for high-quality development of the digital economy, combined with the real situation of steady development of cross-border digital trade in Zhejiang and the constant emergence of cross-border e-commerce-related disputes, Hangzhou Internet Court established in 2020 the first people’s court in China to centralize the hearing of cross-border digital trade-related disputes according to law, that is, the Cross-Border Trade Court. After the operation for one year, it released a white paper on serving and protecting cross-border trade in Zhejiang Pilot FTZ with ten typical cases, which summarized the rules of adjudication of cross-border trade disputes, providing strong judicial protection to the innovative development of Internet business models and the healthy and orderly operation of the digital economy.


3.发挥审判职能,打造司法服务开放大局的特色案例。公正高效审理国际贸易、外商投资、涉自贸试验区等各类涉外商事海事案件,依法积极保障“走出去”“引进来”战略实施。一是服务保障高水平“走出去”,公正高效审理我国企业“走出去”过程中产生的基础设施建设、经贸往来、货物运输等涉外民商事纠纷,准确界定当事人权利义务,有效应对海外利益风险挑战。如在株式会社某银行与宁波某进出口有限公司信用证纠纷一案中,分析完善了新型交易模式下的信用证欺诈构成要件,依法认定外国银行不能以信用证欺诈为由拒付信用证项下的款项,有力维护我国企业海外权益,促进信用证交易的健康发展。该案文书获评2022年全国法院涉外商事海事优秀裁判文书一等奖。二是服务保障高质量“引进来”,平等保护中外当事人合法权益,切实保障港澳台同胞投资权益,助力营造市场化法治化国际化营商环境。如某台资公司与浙江某进出口公司及其股东宁波某公司买卖合同纠纷案中,宁波中院依法认定一方当事人滥用公司法人独立地位逃避债务,损害债权人利益,为台资公司挽回经济损失2000余万元,台商对浙江的法治化营商环境高度认可并决定追加投资190亿元。该案入选最高法院人民法院台胞权益保障十大典型案例。又如章某与某汽车公司等侵权责任纠纷案,台州中院依法认定汽车进口商向公众提供宣传册内容与实车配置不符,实车存在“减配”情形,属于侵犯消费者知情权行为,应与分销商共同承担相应民事责任,依法保护了进口汽车消费者合法权益,促进行业规范经营。三是服务保障浙江自贸试验区建设,立足区位优势特色,创新工作机制方法,取得良好社会效果。如舟山某工程公司与福建某石化储运公司等买卖合同纠纷案,考虑到案涉大宗油品交易具有标的大、金额大、行情波动大等特点,每单交易都对企业经营有重大影响,且建设以油气为核心的大宗商品资源配置基地是浙江自贸试验区舟山片区的主要发展方向,舟山中院针对性确立了“灵活保全、平衡保护、保调对接”的工作思路,采取符合企业经营现状与发展需要、对企业经营影响最小的司法措施,保障企业有序开展经营活动,体现了审慎、善意、文明的司法理念,有效优化了自由贸易试验区的法治营商环境。该案入选最高法院发布的“人民法院服务保障自由贸易试验区建设典型案例”。


(iii) The role of adjudication has been fully played for the representative cases of judicial services and opening up. Courts in Zhejiang have justly and efficiently adjudicated various foreign-related commercial and maritime cases in international trade, foreign investment, and the Pilot FTZ, to actively implement the strategies of “going global” and “bringing in” under the law. First, serving a high-level “going global”. The courts have endeavored to ensure fair and efficient trial of infrastructure construction, economic and trade exchanges, cargo transportation, and other foreign-related civil and commercial disputes during Chinese enterprises’ going global, and to ensure an accurate demarcation of the rights and obligations of the parties in question so as to effectively respond to the risks of overseas interests. For example, in a letter of credit dispute between a foreign bank and an import and export company in Ningbo, Zhejiang High People’s Court, after an analysis of the components of L/C fraud under the new transaction mode, determined according to the law that foreign banks shall not refuse payment under L/C fraud, effectively protecting the overseas rights and interests of Chinese enterprises and the healthy development of L/C transactions. The case was awarded the first prize in the 2022 Outstanding Judgment on Foreign-related Commercial and Maritime Disputes among National Courts. Second, serving and guaranteeing a high-quality “bringing in”. The legitimate rights and interests of Chinese and foreign parties have been equally protected to safeguard the investment rights and interests of compatriots from Hong Kong, Macao, and Taiwan, and to help create a market-oriented, rule-of-law international business environment. In the dispute between a Taiwan-funded company and an import and export company from Zhejiang and its shareholder, a company in Ningbo, Ningbo Intermediate People’s Court determined according to the law that one of the parties had abused the independent status of the company to evade debts and harm the interests of creditors, recovering economic losses of more than 20 million yuan for the Taiwan-funded company which highly recognized the rule-of-law business environment in Zhejiang and decided to invest an additional 19 billion yuan. The case was selected by the Supreme People’s Court as one of the ten typical cases of the People’s Courts for the protection of the rights and interests of Taiwan compatriots. Another example is the infringement liability dispute between Zhang and a car company. In this case, the Taizhou Intermediate People’s Court determined according to the law that the car importer should share the civil liability with the distributor as the contents of the car importer’s brochure to the public did not match the actual car configuration, leading to a “reduced” configuration of the actual car, which caused an infringement of the consumer’s rights to know. The verdict protects the legal rights and interests of imported car consumers and promotes the standardized operation of the industry. Third, serving and securing the construction of Zhejiang Pilot FTZ. Based on the advantages and characteristics of the region, working mechanisms and methods have been innovated, achieving sound social results. For instance, in the case of the dispute between an engineering company in Zhoushan and a storage and transportation company from Fujian over sales contracts, considering that the bulk oil transaction involved such features as large subject matter, large amount, and fluctuating market, every single transaction has a significant impact on the business operation, and that the construction of oil-and-gas bulk commodity resource allocation base is the future development of Zhoushan Pilot FTZ in Zhejiang, Zhoushan Intermediate People’s Court, under the principle of “flexible preservation, balanced protection, and cohesive preservation and mediation”, adopted judicial measures that met the status quo and development needs of the enterprises with the least impact on their operation, which reflects the judicial concept of prudence, goodwill, and civilization, and effectively optimizes the business environment of the Pilot FTZ under the rule of law. The case was elected as one of the “Typical Cases of People’s Courts Serving and Guaranteeing the Construction of Free Trade Pilot Zone” issued by the Supreme People’s Court.


(二)加强规范化建设,审判质效和司法公信力不断提升

ii. Standardization stipulated to steadily improve trial quality and judicial credibility


1.优化涉外民商事案件管辖格局。浙江法院开展涉外商事专业化审判工作至今已有22年。2023年前,全省除高院外,还有11家中院、宁波海事法院和37家基层法院有涉外民商事案件管辖权,形成了以“特定管辖法院、专门审判机构、专业审判人员”为特征的涉外商事海事审判格局。2022年底,最高法院发布了《关于涉外民商事案件管辖若干问题的规定》,对涉外民商事案件管辖权进行了重大调整,自2023年1月1日起,涉外民商事案件管辖权原则上全面下沉。浙江高院在充分调研全省各地区开放型经济发展、涉外民商事纠纷情况和各地基层法院实际条件的基础上,确定了衢州地区涉外民商事案件由常山法院集中管辖,其余地区实现基层法院涉外管辖权全域覆盖的管辖方案,经最高法院同意后及时向社会公布,并督导新获管辖权基层法院明确归口办理审判庭或合议庭。我省有涉外管辖权的基层法院从37家增至88家,进一步便利当事人诉讼,优化审判资源配置、提升审判质效。


(i) The jurisdictional pattern of foreign-related civil and commercial cases has been optimized. It has been 22 years since the first professional foreign-related commercial trial in Zhejiang. Before 2023, in addition to the High People’s Court, 11 Intermediate Peoples’ Courts, Ningbo Maritime Court, and 37 grassroots courts in Zhejiang had jurisdiction over foreign-related civil and commercial cases, forming a pattern of foreign-related commercial and maritime trials characterized by “specific jurisdictional courts, specialized trial institutions, and professional trial personnel”. At the end of 2022, major adjustments were made to the jurisdiction over foreign-related civil and commercial cases in the Provisions on Jurisdiction over Foreign-related Civil and Commercial Cases issued by the Supreme People’s Court. Since January 1, 2023, the jurisdiction over foreign-related civil and commercial cases has been fully decentralized in principle. After the full investigation of an open economy, foreign-related civil and commercial disputes in various regions of the province, and the actual conditions of the grassroots courts around the province, Zhejiang High People’s Court has determined the jurisdictional plan that foreign-related civil and commercial cases in the Quzhou area will be centrally governed by the Changshan Court, and the foreign-related jurisdiction will be granted to the grassroots courts in the rest of the areas. The plan will be announced to the public promptly after the approval of the Supreme People’s Court and the newly granted jurisdictional grassroots courts will be supervised to establish the trial court or collegial court. The number of grass-roots courts with foreign-related jurisdiction in Zhejiang has increased from 37 to 88 to facilitate litigation, optimize the allocation of trial resources, and improve trial quality and efficiency.


2.强化涉外商事海事条线监督指导。发挥全省法院涉外商事海事审判条线合力,完善上下畅通的信息报送和对下指导工作机制,着力提升审判专业化水平。一是浙江高院编写十余万字的涉外民商事审判“实务教材”《涉外民商事审判实务指引》,梳理相关法律法规、国际条约、司法解释和文件制度,总结审判经验,提示审判要点。配合实务指引的下发,开展对全省新获涉外管辖权法院的专题巡回培训。每年开展全省涉外商事海事审判和国际区际司法协助业务集中培训。二是规范二审、再审改判发回分析通报工作机制,逐案分析改发理由,总结裁判要旨,统一涉外商事海事案件裁判尺度。坚持与宁波海事法院召开年度改发案件专题研讨会,该机制已持续20余年,形成涉及货代合同,无单放货、船舶碰撞、证据认定等多个方面法律问题研讨意见92条。自2022年起,浙江高院将这项机制推广至涉外民商事审判中,每季度发布涉外商事海事及仲裁司法审查案件改发分析通报,总结原审存在问题及裁判要旨40余条。三是指导条线法官准确适用国际条约和国际惯例,依法确定准据法,加强涉外审判专业化建设。五年来,浙江法院在涉外案件中依法查明和适用美国、俄罗斯、韩国、阿拉伯联合酋长国等多个国家法律。在某医疗技术援助有限责任公司与宁波某汽车科技有限公司国际货物买卖合同案中,宁波中院在《联合国国际货物销售合同公约》(CISG)条文对违约后的利息赔偿标准及诉讼费用承担并未明确规定的情形下,参考CISG咨询委员会的相关意见作出判决,体现了浙江法院在国际条约的准确理解和适用上的进步,受到CISG咨询委员会高度评价。


(ii) The direct supervision and guidance on foreign-related commercial and maritime trials have been strengthened. The collaboration among the courts in Zhejiang has been intensified concerning foreign-related commercial and maritime trials to smooth information reporting and guidance and thus enhance the specialization of trials. First, the Practical Guidelines for Foreign-Related Civil and Commercial Trials, a 100,000-word “practical textbook” for foreign-related civil and commercial trials compiled by Zhejiang High People’s Court, has summarized trial experience and highlighted trial essentials on account of an analysis of relevant laws and regulations, international treaties, judicial interpretations, and documentary systems. To better follow the guidelines, special training has been carried out for the courts that have newly acquired foreign-related jurisdiction. In addition, centralized training on foreign-related commercial and maritime trials and international inter-district judicial assistance has been held annually. Second, the mechanism of analyzing and reporting the re-sentencing and return of second trial and retrial has been standardized, which requires case-by-case analysis and summary of the main points of the judgment, contributing to a unified judgment scale of foreign-related commercial and maritime cases. Besides, a special seminar on resentenced and returned cases has been held for over 20 consecutive years, having formulated 92 opinions on legal issues involving freight forwarding contracts, the release of goods without original BL, ship collision, and the identification of evidence. Since 2022, this mechanism has been promoted to foreign-related civil and commercial trials by the Zhejiang High People’s Court, which demands a quarterly analysis of the resentencing and return of foreign-related commercial and maritime cases and arbitration judicial review cases, with over 40 problems and key points of the original trial having been summarized. Third, the specialization of foreign-related trials has been strengthened as the judges have been guided to accurately apply international treaties and practices, and determine the proper law per the law. Over the past five years, the courts of Zhejiang have identified and applied the laws of multiple countries, such as the United States, Russia, South Korea, and the United Arab Emirates, in foreign-related cases by law. In the case of dispute over the contract of international sale of goods between a medical services company and a Ningbo automotive technology company, Ningbo Intermediate People’s Court made a verdict based on the opinions of the CISG Advisory Committee against the absence of standard in CISG concerning interest compensation and litigation costs after a breach of contract. Such practice, highly evaluated by the CISG Advisory Committee, embodies the progress of the courts in Zhejiang in the accurate understanding and application of international treaties.


3.深化国际海事司法浙江基地建设。浙江是海洋大省,拥有6500公里海岸线(占全国三分之一)和全球货物吞吐量最大港口宁波舟山港。浙江法院立足优势海洋资源,积极推动海事审判改革创新,严格公正审理每一起涉海案件。2019年,浙江高院出台《关于推进“最高人民法院国际海事司法浙江基地”建设的意见》,基地自成立以来一直致力于在全国率先推进和高水平开展海事审判刑事、行政、民事“三合一”改革,加强智库建设和海事审判问题调研,为我国海事审判质效提升和国际影响力的扩大贡献可复制、可推广的浙江经验。宁波海事法院审结全国海事法院首例涉外海事刑事案件“艾伦•门多萨•塔布雷涉外海上交通肇事案”, 入选全国法院海事审判典型案例。在“佐罗”轮碰撞致船舶油污损害赔偿一案中,巴拿马“佐罗”号轮船在嘉兴乍浦港发生碰撞,导致400吨矿物油泄漏,宁波海事法院裁定准许设立油污损害赔偿责任限制基金,数额为6743109特别提款权及利息,该案是全国海事法院受理的首例外国当事人向我国海事法院申请设立油污损害赔偿责任限制基金案件。宁波海事法院还是全国首家受理造船企业破产清算案件的海事法院,有序推进东方造船集团有限公司破产案件审理,受理债权申报总金额约12.83亿元。海事审判“三合一”改革入选2021年第二批中国(浙江)自贸试验区制度创新案例。2022年最高法院发布的中英双语《中国海事审判(2018-2021)》中共有15处浙江海事审判元素受到关注和采纳。爱尔兰籍纳桑海运控股活动公司与马绍尔群岛籍诺斯维尔航海公司主动选择宁波海事法院诉讼解决标的1.6亿元的船舶抵押合同纠纷,显示浙江海事司法的国际影响力和公信力不断提升。


(iii) The construction of the international maritime justice base in Zhejiang has been furthered. With abundant maritime resources, including a coastline of 6,500 kilometers (accounting for one-third of the country) and Ningbo Zhoushan Port, the largest port worldwide in terms of cargo throughput, the courts in Zhejiang have actively innovated in maritime trial reform and heard each maritime case fairly. In 2019, according to the Opinions on Promoting the Construction of the International Maritime Justice Base of the Supreme People’s Court in Zhejiang issued by Zhejiang High People’s Court, an international maritime justice base was established in Zhejiang with a commitment to pioneering in high level “three-in-one” reform of criminal, administrative, and civil maritime trial, strengthening the think tank construction and maritime trial research, and contributing replicable and extendable Zhejiang experience to upgrade China’s maritime trial quality and efficiency and expand the state’s global impact. The “Allan Mendoza Tablate Maritime Traffic Accident Case”, the first foreign-related maritime criminal case in China, was concluded by Ningbo Maritime Court and selected as a typical case of maritime trial in the national courts. In the case of oil pollution damage where the collision of the Panama ship “EL Zorro” in Jiaxing Zhapu Port resulted in 400 tons of mineral oil leakage, Ningbo Maritime Court ruled to permit the establishment of the Liability Limitation Fund for Oil Pollution Damage in the amount of 6,743,109 Special Drawing Rights and interest, which is the first case of foreign parties applying to China’s maritime courts for an oil pollution damage liability limitation fund. Moreover, Ningbo Maritime Court is also the first maritime court in China to accept bankruptcy and liquidation cases of shipbuilding enterprises, as it concluded the bankruptcy and liquidation case of Orient Shipbuilding Group Co., Ltd., receiving and handling a total amount of claims up to 1.283 billion yuan. The “three-in-one” maritime trial reform was selected as the second batch of institutional innovation cases in the China (Zhejiang) Pilot Free Trade Zone in 2021. And the maritime trial of Zhejiang is mentioned 15 times in the Chinese and English versions of the China Maritime Trial (2018-2021) released by the Supreme People’s Court in 2022. Additionally, that the Nassau Maritime Holdings Designated Activity Company from Ireland and the Northville Navigation Limited from the Marshall Islands resorted to Ningbo Maritime Court for a ship mortgage contract dispute with a subject matter of 160 million yuan demonstrates increasing global impact and credibility of maritime justice in Zhejiang.


4.成功申请设立杭州、宁波国际商事法庭。杭州、宁波两家国际商事法庭的设立,标志着浙江法院在健全国际商事争端“一站式”多元解纷机制,依法服务保障高水平对外开放工作中又迈出了坚实的一步,体现了最高法院对浙江涉外民商事审判工作的高度重视和关心支持,也对相关工作提出了更高要求。杭州、宁波国际商事法庭已于2023年3月先后举行了揭牌仪式,并于揭牌当日开庭审理了国际商事纠纷“第一案”。以杭州国际商事法庭为试点开发的“数智国商”系统已同步上线运行,并与浙江法院网对接。该系统集全流程在线诉讼、国际商事纠纷“一站式”融解决、数助决策司法服务等功能于一体,深度运用智慧法院、异步审理等“浙江全域数字法院”改革成果,旨在打造数字化国际商事法庭的“浙江样本”。


(iv) The establishment of Hangzhou and Ningbo International Commercial Courts has been approved. The two international commercial courts in Hangzhou and Ningbo mark fresh progress in improving the “one-stop”, diverse dispute resolution mechanism for international commercial disputes to better serve and guarantee a high level of opening up by law. This not only reflects the regard and support from the Supreme People’s Court for foreign-related civil and commercial trials in Zhejiang but also puts forward higher requirements. On the day of inauguration in March 2023, Hangzhou and Ningbo International Commercial Courts heard the first cases of international commercial disputes. Furthermore, the pilot system of “Digital Intelligence for International Commercial Affairs”, developed by Hangzhou International Commercial Court, has been put online and connected to Zhejiang Courts Website (www.zjcourt.cn). With the integration of online litigation, “one-stop” resolution of international commercial disputes, and judicial services with digital assistance in decision-making, the system has extensively applied the achievements of the “Zhejiang-wide digital court” reform, such as intelligent court and asynchronous trial, intending to create a “Zhejiang sample” of the digital international commercial court.


5.加强域外司法协作。2018-2022年,全省法院共审结申请承认和执行外国法院民事裁判和仲裁裁决案件173件,涉及美国、西班牙、意大利、奥地利、澳大利亚、法国等22个国家,其中予以承认和执行的141件,占比81.50%。申请认可和执行香港、澳门特别行政区和台湾地区法院判决、仲裁裁决案件43件,其中予以认可和执行的26件,占比60.46%。共办理国际、区际民商事司法协助文书送达和调查取证案件3501件,其中国际1800件,区际1701件。在尖山光电跨境破产国际合作案中,我省海宁法院审理的尖山光电公司破产重整程序被美国破产法院承认,使我国企业约1.5亿元在美资产被纳入我国破产重整程序。


(v) Overseas judicial collaboration has been reinforced. From 2018 through 2022, a total of 173 applications for recognition and enforcement of civil judgments and arbitral awards of foreign courts were concluded in Zhejiang, involving 22 countries such as the United States, Spain, Italy, Austria, Australia, and France, of which 141 were recognized and enforced, accounting for 81.50%. There were 43 applications for recognition and enforcement of court judgments and arbitral awards in Hong Kong, Macao, and Taiwan, of which 26 were recognized and enforced, accounting for 60.46%. Judicial assistance in service of document and investigation and evidence collection has been provided to 1,800 international civil and commercial cases and 1,701 inter-regional civil and commercial cases. In the cross-border bankruptcy case of Zhejiang Topoint Solar Co., Ltd., which was heard by the Haining Court in Zhejiang, the bankruptcy reorganization procedure was recognized by the bankruptcy court of the United States, making the enterprise’s 150 million yuan of assets in the US included in the bankruptcy reorganization procedure.


(三)推进智能化建设,数字赋能纠纷解决更加深入


iii. Intelligence construction to digitally empower dispute resolution 


1.建成线上委托翻译项目,进一步便利当事人诉讼。2021年省高院与省翻译协会签订《关于建立合作机制的框架协议》,共同建立涉外审判及外事活动翻译合作机制,以及涵盖我省涉外审判实际需要的主要语种翻译人员专家库,在全省三级法院一体化办公办案平台及浙江法院网同步上线“委托翻译”功能模块,在线破解涉外审判中存在的翻译难翻译贵问题,为涉外案件当事人提供途径更多样、方式更便捷、成本更低廉的翻译服务。自上线以来共发出涉外案件委托翻译55件,其中民商事案件37件,刑事案件18件,涉及越南语、英语、柬埔寨语、法语、俄语等17种语言,翻译形式包括司法文书笔译和庭审口译等。


(i) An online commissioned translation project has been initiated to facilitate litigation. In 2021, Zhejiang Higher People’s Court and the Translators Association of Zhejiang signed the Framework Agreement on the Establishment of Cooperation Mechanism to establish a cooperation mechanism for the translation of foreign-related trials and foreign affairs, as well as an expert pool of translators in major languages covering the actual needs of foreign-related trials in Zhejiang. The function module of “commissioned translation” has been put online on the integrated office and case handling platform of the three levels of courts in the province and Zhejiang Courts Website (www.zjcourt.cn) to crack the difficulty and high cost of translation in foreign-related trials, and to provide more diverse, convenient and low-cost translation services for parties in foreign-related cases. Since its launch, a total of 55 foreign-related cases have been commissioned for translation, including 37 civil and commercial cases and 18 criminal cases, involving 17 languages such as Vietnamese, English, Cambodian, French, Russian, etc. The translation of judicial documents and interpretation of court hearings are conducted.


2.建设域外法查明线上通道,进一步拓展域外法查明途径。近年来,为畅通域外法查明途径,宁波中院、杭州中院、柯桥法院等先后与华东政法大学建立域外法查明合作机制。2022年,浙江高院牵头,以宁波中院为试点建设域外法查明线上委托项目,以宁波中院与华东政法大学的域外法查明合作机制为基础,打通全省法院域外法查明线上委托渠道,进一步拓展域外法查明途径,提升域外法查明质效。


(ii) Online channels have been opened to expand the ways of extraterritorial law identification. In recent years, Ningbo Intermediate People’s Court, Hangzhou Intermediate People’s Court, and Keqiao Court have established cooperation mechanisms with the East China University of Political Science and Law for the identification of extraterritorial law. In 2022, Zhejiang Higher People’s Court took the lead in building an online commissioning project for the identification of extraterritorial law, with a pilot project carried out in Ningbo Intermediate People’s Court. Based on the cooperation mechanism, online commissioning channels have been opened for the courts in Zhejiang to extend the approaches of extraterritorial law identification and improve the quality and efficiency of the identification.


3.打造全国首个海事案例库,进一步统一海事案件裁判尺度。在最高法院、浙江高院的支持指导下,宁波海事法院联合人民法院电子音像出版社和大连海事大学建设的全国首个海事案例库于2021年正式上线,分别在“中国海事审判”网站和浙江法院办公办案平台提供接口,收录海事法规、海事案例、期刊论文、中英文国际条约和工作报告等文献材料38万余篇,能够实现海事司法裁判大数据分析、自动生成类案检索报告等功能,为全国乃至全世界范围内的海事审判人员、海事法律研究人员以及海事实务工作者检索海事类案和查法用法提供数字化支持,访客涉及全球20余个国家和地区。


(iii) The first maritime case library in China has been established to unify the scale of maritime case adjudication. Under the support and guidance of the Supreme People’s Court and Zhejiang Higher People’s Court, the first maritime case library in China was established and launched in 2021 by Ningbo Maritime Court, together with the People’s Court Electronic Audio and Video Publishing House and Dalian Maritime University. Interfaces have been offered on the website of China Maritime Trial and the office and case handling platform of Zhejiang Courts Website respectively. Over 380,000 pieces of literature have been collated, including maritime laws and regulations, maritime cases, journal papers, international treaties in English and Chinese, and work reports. The case library, with the functions of big data analysis of maritime judicial decisions and autonomous generation of categorized case research reports, can provide digital support for maritime judges, maritime law researchers, and maritime practitioners in China and abroad to search maritime cases and query laws for better application. So far it has served visitors from more than 20 countries and regions around the world.


4.推动数字化改革项目综合集成,进一步探索涉外商事海事司法新模式。推动“法护自贸”数字化项目建设,以舟山中院为试点,高院组织舟山、宁波、杭州、金义四片区法院共同组成项目专班,综合集成线上委托翻译、域外法查明、诉仲调一站式解纷,纠纷风险预警等子场景模块,探索打造司法服务保障自贸试验区提升发展和高水平对外开放的集成应用。推动“法护海事”数字化项目建设,以宁波海事法院为试点,集成立案智能审查、虚假诉讼预警、流程信息提示、船舶智慧执行、事实认定辅助和决策智能辅助等核心应用场景,探索打造海事司法新模式。


(iv) The comprehensive integration of digital reform projects has been expedited to explore the new model of foreign-related commercial and maritime justice. To promote the digital project of “Legal Protection on Free Trade”, which has been piloted in the Zhoushan Intermediate People’s Court, a special project team consisting of courts in the four areas of Zhoushan, Ningbo, Hangzhou, and Jinhua and Yiwu was founded by Zhejiang Higher People’s Court. Besides, an application integrating sub-scenario modules such as online commissioned translation, extraterritorial law identification, one-stop dispute resolution with cohesive litigation, arbitration, and mediation, and dispute risk warning has been created for the development of the pilot zone and a high-level opening up. The digital project of “Legal Protection on Maritime Affairs”, piloted in Ningbo Maritime Court, integrates the core application scenarios such as intelligent case review, false litigation warning, process information tips, intelligent ship enforcement, fact-finding assistance, and intelligent decision-making assistance, to explore a new model of maritime justice.


(四)夯实基层基础建设,司法参与社会治理成效更加凸显


iv. Grass-roots infrastructure construction to achieve more prominent results in social governance with justice


1.健全诉仲调相互衔接的涉外多元解纷机制。近年来,浙江法院深入推进诉源治理工作,创新涉外司法领域“枫桥经验”取得积极成效。杭州中院推出“知识产权•国际商事调解云平台”,入驻香港国际调解中心、新加坡国际仲裁中心等多家国际商事纠纷调解组织,探索线上远程有偿调解。杭州互联网法院持续推进跨境贸易司法解纷平台建设,该平台入选世界互联网大会2022年度“携手构建网络空间命运共同体”实践案例。柯桥、义乌等多家法院聘用来自巴基斯坦、也门、韩国、阿富汗等多个国家的外籍调解员作为涉外商事纠纷调解专员。义乌法院与贸仲浙江分会等共同搭建全国首个县域级国际商事纠纷“诉仲调”一站式解纷平台,该做法入选浙江省自贸试验区十大成果,“浙里市场义码治理”相关做法入选最高人民法院《司法改革动态》。


(i) The mechanism of cohesive litigation, arbitration, and mediation for solving foreign-related disputes has been perfected. In recent years, courts in Zhejiang have made positive achievements in introducing the “Fengqiao Experience” to foreign-related justice by furthering the governance of the source of litigation. The “Intellectual Property Rights--International Commercial Mediation Cloud Platform” featuring online remote paid mediation was launched by Hangzhou Intermediate People’s Court and has been adopted by international commercial dispute mediation organizations such as the Hong Kong International Arbitration Center and the Singapore International Arbitration Center. The Hangzhou Internet Court has also continued to construct a judicial dispute resolution platform for cross-border trade, which was selected as a case study for “Jointly Building a Community With a Shared Future in Cyberspace” at the 2022 World Internet Conference. Foreign mediators from Pakistan, Yemen, Korea, and Afghanistan have been recruited by the courts in Keqiao and Yiwu for foreign-related commercial cases. The one-stop “litigation-arbitration-mediation” dispute resolution platform, jointly built by the Yiwu Court and the Zhejiang Sub-Commission of CIETAC, is the first county-level international commercial dispute resolution platform, which was selected as one of the top ten achievements of the Zhejiang Pilot FTZ. And the practice of the “Yi Code for Market Mediation” was selected for the Judicial Reform News by the Supreme People’s Court.


2.深化涉侨纠纷多元化解试点工作。2018年浙江被列为涉侨纠纷多元化解试点省份,2019年浙江高院与浙江省侨联出台《关于开展涉侨纠纷多元化解试点工作方案》,确定青田、文成两家试点工作示范法院,以点带面推动工作创新,形成“海内海外联动调解、线上线下多元共治”的涉侨纠纷多元化解优秀经验,并推动“侨纷一件事”数字化项目建设。文成法院推出“特邀海外调解员”制度,2016年来近四成涉侨案件以调解方式结案,涉侨案件平均审理天数从140天下降至43天。青田法院创新应用海外“人民观察调解团”制度,目前已有8个海外调解委员会、45名海外联络员以及13位海外家事调解员,开展在线异步调解245 次。青田法院的创新经验获评最高法院发布的全国法院十大最受欢迎一站式建设改革创新成果。


(ii) A pilot project to resolve overseas Chinese-involved disputes in diversified ways has been implemented. In 2018, Zhejiang was listed as a pilot province for the diversified settlement of disputes involving overseas Chinese. A year later, the Pilot Program for the Diversified Settlement of Disputes Involving Overseas Chinese, released by Zhejiang High People’s Court and the Zhejiang Federation of Returned Overseas Chinese, was piloted in Qingtian Court and Wencheng Court to promote innovation in related work. Consequently, excellent experience featuring “joint domestic and foreign mediation” and “online and offline multi-governance” has been formed, and the digital project of “one-stop resolution for overseas Chinese-involved disputes” has been promoted. After launching the “invited overseas mediator” system, nearly 40% of overseas Chinese-related cases of Wencheng Court have been settled by mediation since 2016, with the average number of days of settlement down from 140 days to 43 days. Via an innovative application of the overseas system of “People’s Observation and Mediation Group”, Qingtian Court now has 8 overseas mediation committees, 45 overseas liaison officers, and 13 overseas family mediators, who have conducted 245 online asynchronous mediations. The innovative experience of the Qingtian Court was awarded as one of the top ten most popular innovations in one-stop reform by the Supreme People’s Court.


2022年浙江高院再次与省侨联出台《关于进一步深化涉侨纠纷多元化解试点工作的通知》,增加西湖、余姚、柯桥、义乌4家试点法院,进一步在省内推广青田、文成两家法院成熟经验,吸收了“共享法庭”等基层治理创新成果,被中国侨联领导批示充分肯定。在青田某公司与陈某某损害公司利益责任纠纷两案中,浙江高院运用这一机制有效化解一起在丽水当地侨界影响较大的涉侨纠纷十年积案,依法维护海外侨胞的合法权益,助力企业收回债权,维护了良好的营商环境。


In 2022, the Notice on Furthering the Pilot of Diversified Dispute Resolution Involving Overseas Chinese, also issued by Zhejiang High People’s Court and the Zhejiang Federation of Returned Overseas Chinese, added to pilot the four courts in Xihu, Yuyao, Keqiao, and Yiwu, promoted the mature experience of Qingtian Court and Wencheng Court in Zhejiang, and integrated grassroots governance innovations such as the “shared court”, which was fully recognized by the leadership of the Zhejiang Federation of Returned Overseas Chinese. When handling the cases of liability disputes between a company in Qingtian and Chen for harming the interests of the company, Zhejiang High People’s Court effectively resolved a 10-year case of disputes involving overseas Chinese that had a greater impact on the local overseas Chinese community in Lishui, which safeguarded the legitimate rights and interests of overseas Chinese following the law, helped the enterprises recover their debts, and maintained a good business environment.


3.加强“涉外商事海事+共享法庭”建设。为创新发展新时代“枫桥经验”,推进基层治理体系和治理能力现代化,浙江法院全面加强“共享法庭”建设,“一根网线,一块屏”,集成浙江解纷码、移动微法院、庭审直播系统、裁判文书公开平台等软件模块,具备调解指导、网上立案、在线诉讼、普法宣传、基层治理等功能。全省法院立足地区条件和实际需要,推动涉外商事海事特设“共享法庭”设立,钱塘法院、青田法院、柯桥法院“共享法庭”先后入驻自贸试验区、侨联、仲裁委、贸促会等相关单位,打造涉外商事海事纠纷“一站式”解决、“一体化”服务最小支点。宁波海事法院先后在沿海多地基层社会治理中心和海港集团、贸促会等单位设立29家“海上共享法庭”,共指导调解187件、化解纠纷534件、网上立案2150件、在线诉讼429件、法律咨询335次,普法宣传21场受众12万余人次。


(iii) The construction of “shared courts” for foreign-related commercial and maritime affairs has been beefed up. In order to innovate and develop the “Fengqiao Experience” in the new era and promote the modernization of the grass-roots governance system and governance capacity, the courts in Zhejiang have strengthened the comprehensive construction of “shared courts”. Integrating the software modules such as Zhejiang Dispute Resolution Code, Mobile Micro Court, Live Court System, and Public Platform of Judgment Documents, the shared court boasts the functions of mediation guidance, online filing, online litigation, law popularizing, and grassroots governance. In line with regional conditions and actual needs, the courts in the province have established ad hoc “shared courts” for foreign-related commercial and maritime disputes. The “shared courts” of Qiantang Court, Qingtian Court, and Keqiao Court have been adopted by the Pilot FTZ, Zhejiang Federation of Returned Overseas Chinese, CIETAC Zhejiang Sub-Commission, and CCPIT Zhejiang Committee to offer integrated services and “one-stop” solution of foreign-related commercial and maritime disputes. A total of 29 “maritime shared courts” have been set up by Ningbo Maritime Court in many coastal grassroots social governance centers, Zhejiang Seaport, and CCPIT Zhejiang Committee, having mediated 187 cases, resolved 534 disputes, filed 2,150 cases online, concluded 429 online lawsuits, provided legal advice 335 times, and publicized the law 21 times to an audience of 120,000 people. 


三、涉外商事海事审判下一步重点工作

III. Follow-on Work


下一步,浙江法院将继续深入学习贯彻习近平法治思想,认真落实统筹推进国内法治和涉外法治要求,紧扣打造国际商事海事纠纷解决优选地这一目标,持续推动涉外商事海事审判工作高质量发展,为我省深入实施“八八战略”,强力推进创新深化、改革攻坚、开放提升,大力实施三个“一号工程”,着力推动高质量发展提供有力司法服务和保障。


In consistency with Xi Jinping Thought on the Rule of Law, courts in Zhejiang will spare no efforts to meet the domestic and foreign-related rule-of-law requirements, build a destination for international commercial and maritime dispute resolution, and accelerate the high-quality development of foreign commercial and maritime trials, in the meantime striving to provide strong judicial services and guarantee for the province’s in-depth implementation of the “Double Eight Strategies”, furtherance in innovation, reform and opening up, implementation of the three “No. 1 Projects ”, and high-quality development.


(一)提高政治站位,主动服务高水平对外开放和国际化一流营商环境建设


i. Serve a higher-level opening up and construct an international top-notch business environment with better political awareness.


当前国际国内形势下,涉外法治正日益成为支撑国际合作与国际斗争的重要力量,是国家核心竞争力的重要内容。涉外商事海事审判作为涉外法治工作的重要组成部分,也面临着前所未有的发展机遇和风险挑战。浙江法院涉外商事审判将进一步增强使命意识和政治担当,牢固树立正确司法理念,坚持胸怀国内国际两个大局,统筹发展安全两件大事,践行公正效率两项要求,运用守正创新两种方法,以高质量涉外司法服务保障高质量发展和高水平对外开放。一是继续深入贯彻外商投资法律法规,平等保护中外当事人合法权益,助力我省营造让企业放心安心专心的市场化法治化国际化最优营商环境,强化对我国“走出去”企业海外合法权益的保护,为高水平“走出去”闯天下与高质量“引进来”强浙江提供有力司法保障。二是更好发挥两个自贸试验区法庭作用,健全自贸试验区四片区法院联动保障工作机制,共同推动“法护自贸”数字化改革项目落地见效,积极服务保障自贸试验区提升发展。三是发挥审判职能进一步加强司法在反制裁、反干涉、反制“长臂管辖”中的作用,积极参与涉外法律服务联盟工作,继续健全涉外重大敏感案事件及时报告与应急处置工作机制,及时研判和妥善应对各类涉外风险挑战,在涉外审判中依法维护国家主权、安全和发展利益。


Under the current international and domestic situation, foreign-related rule of law is becoming an increasingly important force to support international cooperation and struggle, as well as a significant element of national core competitiveness. An integral part of the foreign-related rule of law, foreign-related commercial and maritime trials is also confronted with unprecedented opportunities and challenges. With enhanced mission awareness and political responsibility, the courts in Zhejiang will adhere to the correct judicial concept, take into account the domestic and international overall situations, and coordinate the two major issues of development and security. Committed to the two requirements of justice and efficiency, the courts will endeavor to guarantee high-quality development and high-level opening up with fair, innovative, and quality foreign-related judicial services. To be specific, the first attempt is to continuously implement laws and regulations on foreign investment, protect the legitimate rights and interests of Chinese and foreign parties equally, and create a market-oriented, rule-of-law, and optimal international business environment for enterprises to feel at ease and concentrate on operation. The legitimate rights and interests of Chinese enterprises “going global” will be protected to provide a strong judicial guarantee to a high-level “going global” and a high-quality “bringing in”. The second is to better play the role of the two Pilot FTZ courts in serving the FTZ via promoting the linkage between the courts and the digital reform project of “Legal Protection on Free Trade”. The third is to better play the role of justice in anti-sanctions, anti-interference, and countermeasures in the “long-arm jurisdiction”. The courts will actively participate in the work of the Foreign-Related Legal Service Association, constantly improve the mechanism of timely reporting and emergency handling of major and sensitive foreign-related cases and events, and properly respond to various foreign-related risks and challenges with prompt research and judgment, safeguarding national sovereignty, security and development interests in the foreign-related trials according to law.


(二)深化精品战略,不断提升涉外商事海事审判质效和国际影响力


ii. Improve the quality and effectiveness of foreign-related commercial and maritime trials and elevate global impact via high-quality cases


精品战略是推动涉外商事海事审判高质量发展的一项重要抓手,也是促公正提效率的题中应有之义。对此,浙江法院将继续加强对精品案例的挖掘培育,建立健全常态化精品遴选发布机制,发挥典型案例的示范引领作用,进一步统一裁判尺度,提升审判质效和司法公信力。一是始终牢牢抓住执法办案第一要务,在涉外商事海事案件中积极稳妥行使管辖权,恪守国际条约义务,尊重国际惯例,准确适用准据法,探索形成具有国际影响的典型判决和具有示范意义的裁判规则,提升中国法律、浙江司法的国际影响力,推动构建更加公正合理透明的国际经贸规则体系。二是切实推动杭州、宁波国际商事法庭实质化运作,突出区域优势和特色,深入总结工作经验,研究把握工作规律,在国际商事审判指导、纠纷解决、调研服务、人才培养及司法文明交流互鉴等各方面工作中发挥示范作用、打造特色品牌。三是加强国际海事司法(浙江)基地建设,结合“法护海事”数字化改革项目的建设推进,持续巩固深化海事审判“三合一”改革先发优势,总结可在全国复制推广的“浙江经验”。


High-quality cases, an important tool to propel the high-quality development of foreign-related commercial and maritime trials, are integral to promoting justice and efficiency. In this regard, the courts in Zhejiang will continue to select high-quality cases, establish and improve the regular selection and release mechanism of high-quality cases, and bring into play the demonstration effect of typical cases. On that premise, the scale of adjudication will be further unified to enhance the quality and effectiveness of trials and judicial credibility. Specifically, the first endeavor will be to prioritize law enforcement, that is, to properly exercise jurisdiction in foreign-related commercial and maritime cases, abide by international treaty obligations, respect international practice, and accurately apply the proper law. Typical judgment with international impact and exemplary rules of adjudication will be explored to enhance the global impact of Chinese laws and Zhejiang’s justice and to construct a more just, reasonable, and transparent international economic and trade rules system. The second will be to effectively impel the substantive operation of Hangzhou and Ningbo International Commercial Courts. On the strength of regional advantages and characteristics, in-depth summary of work experience, and research on the laws of work, the courts will play an exemplary role and create a special brand in international commercial trial guidance, dispute resolution, research services, personnel training, and judicial civilization exchange and mutual appreciation. The third and last will be to strengthen the construction of the International Maritime Justice (Zhejiang) Base. With progress in the digital reform project of “Legal Protection on Maritime Affairs”, the pioneering advantage of the “three-in-one” reform of maritime trials will be further grounded and replicable “Zhejiang Experience” will be summarized and promoted nationwide.


(三)加强调研指导,着力建设高素质专业化涉外商事海事审判队伍

iii. Build a high-quality professional foreign-related commercial and maritime trial team with strengthened research and guidance


涉外审判在管辖、送达、取证、法律适用、裁判文书制作等各方面有别于一般民商事审判工作,对法官专业化水平要求较高,需要长时间的审判经验积累。所以涉外审判条线更加强调队伍稳定性和专业性。此外,随着涉外案件管辖权的全面下沉,涉外民商事专业审判经验不足的问题就更加凸显、亟待解决。为有效应对这一情况,切实保障涉外民商事审判质效,一是高度重视严格落实归口办理,确保具有涉外管辖权的88家基层法院均设立专门审判机构或合议庭负责审理涉外民商事案件,配齐配强审判力量,推动建设一支与现行涉外民商事案件管辖机制相匹配的专业化审判队伍。二是强化调研指导和业务培训,结合省高院民四庭编发的《涉外民商事审判实务指引》,加强分层调研指导,对审判工作中出现的问题及时研究解决,推动涉外民商事审判规范化、专业化发展。三是进一步规范国际、区际司法协助专办员工作机制,完善全省法院司法协助专办员名单,实施动态管理。对有涉外管辖权的法院,司法协助专办员由涉外民商事案件归口办理部门统一管理。进一步加强对司法协助长期未结案的跟踪督办,提升涉外送达质效。四是完善对复合型国际化涉外审判人才的遴选、培养、储备、使用机制,培养更多既有大局观念又有国际视野,既通晓国内法律又熟悉国际法规则,善于处理涉外法律事务,能够走向世界的法官。


Foreign-related trials are different from general civil and commercial trials in the jurisdiction, service, evidence collection, application of the law, and production of adjudication documents, which imposes a higher requirement on the expertise and trial experience of the judges. Therefore, the stability and professionalism of the team are underscored in foreign-related trials. Besides, as the jurisdiction of foreign-related cases has been decentralized, the problem of insufficient experience in foreign-related civil and commercial trials has become more prominent and needs to be solved. To effectively deal with this situation and ensure the quality and efficiency of foreign-related civil and commercial trials, four main attempts will be made. The first is to attach great importance to the strict implementation of decentralization by ensuring that all 88 grass-roots courts with foreign-related jurisdiction set up specialized trial institutions or collegial panels to hear foreign-related civil and commercial cases. The trial forces will be strengthened to build a professional trial team that matches the current jurisdictional mechanism for foreign-related civil and commercial cases. The second is to strengthen research guidance and business training. Based on the Practical Guidelines for Foreign-Related Civil and Commercial Trials issued by the Fourth Civil Division of Zhejiang Higher People’s Court, hierarchical research and guidance will be intensified to promptly study and solve problems arising in trials, and promote the standardization and professional development of foreign-related civil and commercial trials. The third is to further standardize the working mechanism of international and inter-district judicial assistance commissioners, enrich the list of judicial assistance commissioners in the province’s courts, and implement dynamic management. For courts with foreign-related jurisdiction, the judicial assistance special commissioners are uniformly managed by the department for foreign-related civil and commercial cases. The long-unsolved cases of judicial assistance will be tracked and supervised to improve the quality and efficiency of foreign-related service. The fourth and last is to improve the selection, training, reserve, and appointment mechanism of multi-facet international foreign-related trial talents so as to cultivate more judges who are good at handling foreign-related legal affairs, who are well-versed in domestic laws and familiar with the rules of international law, and who have big-picture concepts and international vision.


(四)坚持改革创新,系统推动数字赋能涉外商事海事纠纷解决


iv. Promote digital empowerment of foreign-related commercial and maritime dispute resolution with relentless reform and innovation


要围绕抓实公正与效率持续深化改革创新,以数字化改革为牵引推动涉外商事海事纠纷解决提能升级,真正让中外当事人享受到均等普惠、高效便捷的中国互联网司法,下一步浙江法院将继续统筹推进与涉外商事海事纠纷解决有关的数字化改革项目的建设和贯通,强调综合集成、实战实效。一是继续推动“法护海事”“数智国商”等集成应用的建设和贯通,继续优化和推广线上委托翻译、线上域外法查明、海事案例库等场景模块,丰富集成应用功能,提升场景应用效率。二是健全诉讼、仲裁、调解有机衔接的一站式国际商事纠纷多元化解决机制,依托现有国际商事调解云平台、跨境贸易司法解纷平台等,积极探索国际商事纠纷多元解决新路径。三是持续深化涉侨纠纷多元化解试点工作,总结推广“海内海外联动调解、线上线下多元共治”的涉侨纠纷多元化解经验,擦亮浙江涉侨纠纷多元化解“金名片”。四是发挥好特设共享法庭的作用。在“共享法庭”五大主要功能的基础上,结合各地实际情况体现涉外商事海事特色,推动涉外商事海事条线诉源治理、案源治理。


To improve justice and efficiency with deepening reform and innovation, promote foreign-related commercial and maritime dispute resolution with digital reform, and make Chinese and foreign parties enjoy equal and universal, efficient and convenient Chinese Internet justice, the courts in Zhejiang will continue to coordinate the construction of digital reform projects relevant to foreign-related commercial and maritime dispute resolution with an emphasis on comprehensive integration and practical effectiveness. Firstly, the integrated applications such as “Legal Protection on Maritime Affairs” and “Digital Intelligence for International Commercial Affairs” will be further constructed and interconnected with ample functions and high scenario application efficiency by optimizing and promoting scenario modules such as online commissioned translation, online extraterritorial identification, and maritime case library. Secondly, the one-stop mechanism for diversified settlement of international commercial disputes through the cohesive connection of litigation, arbitration, and mediation will be perfected. Efforts will be made to actively explore new paths for diversified settlement of international commercial disputes by relying on the existing platforms of cloud international commercial mediation and cross-border trade dispute resolution. Thirdly, the pilot diversified settlement of disputes involving overseas Chinese will be carried forward. The excellent experience of “joint domestic and overseas mediation, online and offline multi-governance” will be a golden brand of Zhejiang in terms of diversified settlement of disputes involving overseas Chinese. Fourthly and lastly, the role of the ad hoc shared court will be well played. On the basis of the five main functions of the “shared court”, direct governance on the source of foreign-related commercial and maritime cases and causes will be further implemented, combined with the actual situation of each area.



本信息转载自浙江天平

信息来源:https://mp.weixin.qq.com/s/WPVIrs8mvQOXiqYWANaL1g



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