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为全面贯彻党的十九大精神和习近平总书记视察广东重要讲话精神,认真落实市委、新区党委关于推动思想大解放、作风大转变、效率大提升的决策部署,我院为了更好地服务粤港澳大湾区和横琴自贸区建设,12月14日,制订出台《珠海横琴新区人民法院关于进一步加强改革创新 为粤港澳大湾区横琴自贸区建设提供更优司法保障的意见》(以下简称“《意见》”)。《意见》分为五项20条,体现了以下特点:
In order to fully implement the spirit of the Nineteenth National Congress of the Communist Party of China and the spirit of General Secretary Xi Jinping's important speech made on his inspection tour of Guangdong Province and to conscientiously carry out the decisions of the Zhuhai Municipal Party Committee and of the Hengqin New Area Party Committees on greatly promoting the emancipation of the mind, the transformation of the style of work and the improvement of efficiency, this Court promulgated on December 14, 2018 the formulated Guidelines of the People’s Court of the Zhuhai Hengqin New Area on Further Strengthening Reform and Innovation to Provide Better Judicial Guarantee for the Construction of the Hengqin Free Trade Zone in the Guangdong-Hong Kong-Macau Bay Area (hereinafter referred to as the Guidelines). The Guidelines are divided into 20 measures in five respects, which embody the following characteristics:
一、牢固树立国家大局观。进入新时代,习近平总书记要求广东进一步解放思想,实现“四个走在全国前列”。在改革开放40周年这一历史节点上,珠海经济特区和横琴自贸区迎来了港珠澳大桥通车、粤港澳大湾区规划颁布实施和珠三角国家自主创新示范区加快建设等重大历史机遇。我院在关键时刻统一思想,提高站位,自觉将法院工作放在党和国家大局中去谋划,深入学习贯彻习近平总书记重要讲话精神的重大意义,切实增强政治担当、历史担当、责任担当,自觉把思想和行动统一到党委的决策部署上来。进一步解放思想,坚持改革创新,努力营造安全稳定透明竞争有序互利共赢的法治环境,为把横琴建设成为全国最安全稳定、最公平公正、法治环境最好的地区提供更优司法保障,为助力粤港澳大湾区建设做出积极贡献。
1. The establishment of an outlook of bearing the overall national interests in mind. At a time when we have entered a new era, General Secretary Xi Jinping required the people of Guangdong Province to further emancipate their minds and realize the goal of "leading the country in four respects". At the historical juncture when we are marking the 40th anniversary of the initiation of the reform and opening up, the Zhuhai Special Economic Zone and Hengqin Free Trade Zone ushered in such major historical opportunities as the commissioning of the Hong Kong-Zhuhai-Macau Bridge, the promulgation and implementation of the Guangdong-Hong Kong-Macau Great Bay Area Planning and the acceleration of the construction of the Pearl River Delta National Independent Innovation Demonstration Zone. At the critical moment, this Court unifies its personnel's thinking, elevates its positioning, consciously takes the overall situation of the Party and the State in planning the work of the court, deepens the study and implementation of the great implications of the spirit of General Secretary Xi Jinping's important speech, earnestly strengthens its sense of commitment in terms of politics, historical missions and discharge of responsibilities, and works hard consciously to ensure that its thoughts and actions are in full conformity with the decision-making and planning of the Party committee. We will further emancipate our minds, persist in reform and innovation, strive to create a safe, stable, transparent, competitive, orderly, mutually beneficial and win-win legal environment, provide better judicial guarantee for building Hengqin into a safest, most stable, and fairest area in the country with the highest degree of justice, and make positive contributions to the development of the Guangdong- Hong Kong-Macau Great Bay Area.
二、立足自贸区法院定位。我院深刻把握大湾区、自贸区建设的目标,在《意见》中分别从把握大湾区和自贸区建设的目标定位、推动构建国际化市场化法治化营商环境、提升司法服务保障水平、应对大湾区和自贸区发展的司法新需求、推进粤港澳深度融合发展五个方面提出了20条举措,涵盖了自贸区法院在新时代改革发展中的各项职能和发展目标,目的在于为粤港澳大湾区和横琴自贸区建设提供优质的司法服务和更加有力的司法保障,全力推进新时代珠海经济特区“二次创业”。
2. Using as the basis its positioning as the Court of the Free Trade Zone. This Court deeply understands the objectives of the construction of the Great Bay Area and the Free Trade Zone (FTZ). In the Guidelines, we have put forward 20 measure in five respects, respectively including grasping the target orientation of the construction of the Great Bay Area and Free Trade Zone, promoting the creation of an internationalized market-oriented law-based business environment, enhancing the level of judicial services and judicial guarantee, responding to the new judicial needs of the development of the Great Bay Area and the Free Trade Zone, and advancing the in-depth integration in the development of the Guangdong, Hong Kong and Macau. The 20 measures cover the functions and growth objectives of the Court of the Free Trade Zone in the new era of reform and development. The purpose is to provide high-quality judicial services and more powerful judicial guarantee for the construction of the Guangdong-Hong Kong-Macau Bay Area and the Hengqin Free Trade Zone, and to spare no effort in boosting the "second start-up" of the Zhuhai Special Economic Zone in the new era.
三、突出打造法治化营商环境。《意见》突出打造法治化营商环境围绕大湾区、自贸区建设的司法需求,提出搭建大湾区司法合作平台、公正高效审理跨境投资和跨境电子商务等案件。并提出,对于中外企业、自贸区企业与非自贸区企业、内资企业与港澳台企业,要一律平等适用法律,平等保护各类市场主体合法权益,维护市场主体的投资信心。推动自贸区形成平等有序、充满活力的法治化营商环境。尤其在知识产权保护方面,着力推动构建经济高质量发展体制机制。加强对原创作品、驰名商标的保护力度,促进新兴产业健康成长。探索解决知识产权侵权成本低、维权成本高等实践难题,依法加大对侵权行为的惩罚力度,不断优化创新环境,发挥科技创新引领作用,服务创新驱动发展战略。
3. Focusing on creating a law-based business environment. The Guidelines highlight the judicial requirements for creating a law-based business environment around the construction of the Great Bay Area and the Free Trade Zone, advocate building a platform for judicial cooperation in the Great Bay Area and trying fairly and efficiently law cases related to cross-border investment and cross-border e-commerce. The Guidelines also propose that equal treatment in the application of laws should be accorded, without exception, to all Chinese and foreign enterprises, enterprises within and without the Free Trade Zone, domestic enterprises, and enterprises with Hong Kong, Macau or Taiwan investment and that equal protection should be provided for the legitimate rights and interests of all kinds of market subjects, in order to maintain the investment confidence of market subjects. We will promote the formation of an equitable, orderly and vibrant law-based business environment in the Free Trade Zone, especially in the area of intellectual property protection, with a view to vigorously promoting the construction of a high-quality economic development system and mechanism. We will intensify the protection of original works and well-known trademarks and ramp up the healthy growth of emerging industries. We will explore and solve the practical problems of low cost of intellectual property infringement on the one hand and high cost of rights protection on the other, step up the penalty to acts of infringement according to law, continuously optimize the innovation environment, give full play to the leading role of scientific and technological innovation, and serve the strategy of the innovation-driven development.
四、突出推进粤港澳深度融合发展。港珠澳大桥的通车,粤港澳交流更加频密,为大湾区、自贸区建设发展带来新机遇,也给法院工作带来新挑战。预计将有越来越多澳门居民在横琴居住、生活和工作,为满足澳门新街坊多元化司法需求,我院化挑战为创新机遇,加强多元纠纷解决机制创新,充分发挥调解功能,构建多层次、多主体、多方法的纠纷解决机制。我院前期聘任了港澳人士担任特邀调解员、人民陪审员,将更加充分地利用特邀调解队伍,搭建多元调解工作平台。利用横琴多种纠纷解决机制和法律服务机构并存的便利条件,开始探索与横琴民商事调解中心、内港澳联营律师事务所建立合作机制。并计划借助澳门街坊联合会、内港澳联营律师事务所等社团机构,为在横琴居住澳门居民提供便捷有效的纠纷解决途径。
4. Emphatically taking forward the in-depth integration of Guangdong, Hong Kong and Macau in their development. With the Hong Kong-Zhuhai-Macau Bridge opening to traffic, more frequent exchanges between Guangdong, Hong Kong and Macau have brought new opportunities for the construction and development of the Great Bay Area and the Free Trade Zone, as well as new challenges for the work of the court. It is expected that more and more Macau residents will come to live and work in Hengqin. In order to meet the diversified judicial needs of people in the new Macauese neighborhoods, this Court will endeavor to turn the challenges into innovative opportunities, step up the innovation for a diversified mechanism for dispute resolution, give full play to the function of mediation, and build a multi-level, multi-subject and multi-method dispute resolution mechanism. In its prophase work, this Court engaged people from Hong Kong and Macau to act as special mediators or people's jurors. We will make full use of the special mediation team to build a multi-dimensional mediation platform. We will utilize the convenient conditions brought about by the coexistence of various dispute resolution mechanisms and legal services agencies in Hengqin. We have begun to explore the possibility of establishing a cooperation mechanism with the Hengqin Civil and Commercial Mediation Center and the Mainland, Hong Kong & Macau Associated Law Firm. We also plan to seek the cooperation of such societies and associations as the Macau Neighborhood Federation and the Mainland, Hong Kong & Macau Associated Law Firm so that we can provide convenient and effective ways to settle disputes for Macau residents living in Hengqin.
五、突出延伸法院的司法职能。一是健全自贸区企业涉诉情况分析制度。加强对重大纠纷风险和系统性风险的识别防范,建立与自贸区职能部门会商研究、风险预警机制,定期通报自贸区企业涉诉总体情况,为企业防范法律风险提供参考。二是发布涉自贸区案件审判指引。分析涉自贸区案件审判情况,总结案件纠纷产生和处理的规律,提升当事人参与诉讼的预见性、便利性。三是制订针对港澳籍诉讼主体的诉讼风险告知书。根据内地与港澳司法体制的差异,总结梳理港澳诉讼主体常见的诉讼风险,减少因法律体系和司法制度不同产生的争议纠纷。
5. Emphatically extending the judicial function of the court. Firstly, we will improve the situation analysis system for enterprises involved in litigation in the Free Trade Zone. We will strengthen the identification and prevention of major dispute risks and risks of a systemic nature, establish a mechanism with the functional departments of the Free Trade Zone for consultation and research and for early warning of risks, and regularly provide the information on the overall situation of enterprises involved in litigation in the Free Trade Zone, so as to offer useful data for enterprises to prevent legal risks. Secondly, we will issue guidelines for the trial of FTZ-related cases. We will analyze the situation concerning the trial of FTZ-related cases, summarize the situation to identify the law of how dispute cases happen and are handled and enhance the predictability and degree of convenience of parties' participation in litigation. And, thirdly, we will formulate a Litigation Risk Disclosure for litigation subjects of Hong Kong or Macau identity. Based on the differences between the judicial system of the Mainland and that of Hong Kong and Macau, the Litigation Risk Disclosure summarizes the litigation risks commonly experienced by litigants in Hong Kong and Macau and will help to reduce possible disputes arising from different legal systems and judicial systems.
随着港珠澳大桥的正式运营通车,为粤港澳更深层次的沟通交流带来新利好、新机遇。我院地处桥头堡,肩负着进一步优化营商环境、深化改革创新的重任。我院坚持以习近平新时代中国特色社会主义思想为指导,深入学习贯彻党的十九大精神,紧紧围绕“让人民群众在每一个司法案件中感受到公平正义”的目标,坚持目标导向和问题导向,决不让《意见》停留在纸上,而要将20条举措扎扎实实落实到位,为大湾区、自贸区建设提供更优质的服务与保障!
The official opening to traffic of the Hong Kong-Zhuhai-Macau Bridge has brought new benefits and opportunities for deeper communication and exchange among Guangdong, Hong Kong and Macau. This Court, located at the bridgehead, so to speak, shoulders the important task of further optimizing the business environment and deepening reform and innovation. Guided by Xi Jinping's thought of socialism with Chinese characteristics in a new era, this Court persists in the in-depth study and implementation of the spirit of the Nineteenth National Congress of the Party and, by firmly focusing on the goal of "letting the people feel fairness and justice in the handling of every judicial case" and sticking to the goal-oriented and problem-oriented approach, will never let the Guidelines remain on paper, but will, instead, implement in a down-to-earth manner the 20 measures so as to provide better services and guarantee for the construction of the Great Bay Area and the Free Trade Zone!