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    Qianhai, Shenzhen, The Establishment Of A New Court For Trial Involving Hong Kong Related Foreign Businesses

    2015/1/31 14:33:00 38

    ShenzhenHong KongForeign Affairs

    The people's Court of Shenzhen Qianhai cooperation zone, which is widely concerned, was formally established on the 28 day, and will accept the case on February 2nd (next Monday). It marks the landing of another judicial reform in Guangdong, which is undertaken by Qianhai.

    It is reported that the Qianhai court will take the lead in exploring administrative cases across administrative divisions throughout the country, taking professional commercial cases, foreign-related cases involving Hong Kong, Macao and Taiwan as the trial characteristics, and establishing a jury system in Hong Kong to select a conciliation officer of Hong Kong for commercial mediation, so as to realize the simplification of the internal organization.

    Hu Chunhua, member of the Political Bureau of the CPC Central Committee and Secretary of the Guangdong provincial Party committee, and Secretary of the Party committee of the Supreme People's court and President Zhou Qiang attended the opening ceremony yesterday.

    In December 2, 2014, the Qianhai court was formally approved by the Supreme People's court and established as an upgraded version of the Qianhai court.

    As of November last year, the Qianhai court handled 331 cases, involving 60% of the total cases involving Hong Kong and foreign-related cases.

    There were 146 cases involving Hong Kong, accounting for 44.11% of the total number of cases and 58 cases involving foreign affairs, accounting for 17.52% of the total number of cases involved.

    In accordance with the requirements of the Supreme People's court, the court of Qianhai will not set up a trial court, adopt the system of the chief trial law, set up a trial team, establish a jury system in Hong Kong, set up a Hong Kong Mediation agent, and 4 jurors in Hong Kong have been awarded the appointment of people's jurors last year.

    The court of Qianhai upgraded to the Qianhai court also marks the formation of multiple dispute resolution mechanisms such as litigation, arbitration and mediation in Qianhai.

    In terms of the scope of the case management, the court of Qianhai, which was issued by the high people's Court of Guangdong province in January 14, 2015, focused on the centralized jurisdiction over the first instance of the jurisdiction of the Shenzhen city and the case of Hong Kong and Macao, and the jurisdiction of the Qianhai court in addition to the jurisdiction of the first instance of the Qianhai area.

    Commercial case

    In addition to administrative cases and enforcement cases, it also concentrates on the first instance foreign affairs involving Hong Kong, Macao and Taiwan under the jurisdiction of other grass-roots people's courts under the jurisdiction of the Shenzhen municipal district.

    It is reported that according to the progress of staffing, the scope of Qianhai court case will be gradually expanded.

    Reporters learned that the Qianhai court will seek authorization from a higher court.

    Jurisdiction part

    First instance, financial cases and intellectual property cases.

    The construction of the Qianhai court, in addition to focusing on the the fourth Plenary Session of the 18th CPC Central Committee deployment of the case

    registration system

    We should explore the following six reform tasks: the separation of jurisdiction between the courts at the basic level, the separation of the jurisdiction from the executive power, the separation of the administrative power and the jurisdiction of the judicial administrative affairs, the full implementation of the accountability system of the chief justice, the improvement of personnel classification management reform and the occupational security mechanism.

    In terms of the reform of the operation mechanism of rights, the Qianhai court will also strive to implement a compound trial mode with Qianhai characteristics, including the selection of jurors in Hong Kong, the establishment of a professional trial system, the establishment of a Hongkong and foreign law identification mechanism, and the expansion and convenience of Hongkong law in the Qianhai cooperation area.

    Reporters learned that the Qianhai court building "Qianhai rule of law building" started construction in December 7, 2014. Before the completion of the building, the Qianhai court hired 13A, the Vanke business mansion of Qianhai cooperation zone as a temporary office space. The Qianhai court will formally accept cases in February 2nd.


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    Read the next article

    Shenzhen Qianhai Court Strong "Port Flavor" Will Be Applicable To Overseas Laws.

    The selection of jurors in Hong Kong and the establishment of a mechanism for identifying Hongkong and foreign laws, in the Qianhai cooperation area, to expand and facilitate the application of Hongkong's laws, and the creation of various judicial power mechanisms, have brought a strong "Hong Kong flavor" to the people's Court of Shenzhen Qianhai cooperation area.

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