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

Selecting judges from excellent lawyers and experts

In his speech, Zhou Qiang was full of expectations of the Qianhai court and asked the Qianhai court to "strengthen exchanges and cooperation with the Hong Kong and Macao courts, create new experiences for improving the socialist judicial system with Chinese characteristics, and strive to build Qianhai courts into a comprehensive reform model court".

Located in the Qianhai Shenzhen Hong Kong modern service cooperation zone, the Qianhai court is not only a trial field for judicial reform, but also hopes to learn from the international advanced judicial system and establish a commercial trial system with Qianhai characteristics to meet the needs of the development of modern service industry in Qianhai, strengthen judicial protection of commercial activities in Qianhai, meet the special judicial needs of Qianhai, and create Qianhai's internationalization, marketization and rule by law business environment.

It is reported that in February 2, 2015, the Qianhai court will formally accept the case. Besides the jurisdiction over the first instance civil and commercial cases, administrative cases and execution cases in the Qianhai jurisdiction, the hospital will also focus on the first instance foreign affairs involving Hong Kong, Macao and Taiwan under the jurisdiction of other grass-roots people's courts of Shenzhen Municipality.

According to the progress of staffing, the scope of cases in Qianhai courts will be gradually expanded.

In the selection of judges, the court of Qianhai will openly select judges for the community.

The system of tenure judges should be established, facing the society from excellent lawyers, law experts, etc.

A publicly elected judge shall conclude his term of office at the expiration of his term of office.

As an experimental field, the reform of the operation mechanism of judicial power in Qianhai courts shows many innovative characteristics.

The most distinctive feature is the compound trial mode which is considered to have Qianhai characteristics.

This includes the selection system of jurors in Hong Kong.

Selected jurors from eligible Hongkong residents were randomly involved in the case.

At the same time, a professional trial system should be established.

Combined with Qianhai's key development industries, we should build a professional trial mode.

It is necessary to establish a mechanism for identifying Hongkong and foreign laws.

Expand and facilitate the application of the Hongkong law in the Qianhai cooperation area.

It is reported that Shenzhen's foreign-related cases involving Hong Kong, Macao and Taiwan are mostly related to Hong Kong. In this case, 15 judges have civil and commercial trial experience or civil and commercial law background, including 13 master's degree and 5 Master's degree in common law of University of Hong Kong.

Peng Liang, a judge of the Qianhai court, has a master's degree in common law from University of Hong Kong. She told the Nandu reporters that the mainland and Hongkong are in two different legal systems. How to connect the two places' laws and how to apply extraterritorial laws put forward high requirements for mainland judges.

Hong Kong Style court

Don't look at each other.

The rule of law building in Qianhai is still under construction. The Qianhai court hired 13A, the Qianhai Vanke business mansion, as a temporary office.

Yang Qin, a judge of the Qianhai court, told the Nandu reporters that in the temporary office space, the court was not set up by the plaintiffs and the defendants sitting in the opposite direction, but faced with the judges, with the style of the Hong Kong Style court.

At the same time, there are lawyers' dressing rooms in the court, reflecting the respect for lawyers and the response to the voice of law communities in the mainland such as judges and lawyers.

On the operation mechanism of judicial power, the Qianhai court also established the responsibility system for handling cases in line with the law of justice, abolished the examination and approval system of cases, and established a complete mark system for exercising the right to adjudication supervision, so as to implement the accountability system of lifelong accountability and misjudged case responsibility, and truly realize "who judges who is responsible for the trial".