最高人民法院、国家发展和改革委员会关于为新时代加快完善社会主义市场经济体制提供司法服务和保障的意见 作者：未知     时间：2020-08-03    来源：最高法

Opinions of the Supreme People's Court and the National Development and Reform Commission on Providing Judicial Services and Supports to Accelerate Improvement of the Socialist Market Economy System in the New Era

发文机关： 最高人民法院,国家发展和改革委员会 Promulgation Authorities： Supreme People's Court,National Development and Reform Commission

发布日期： 2020.07.20 Release date： 2020.07.20

生效日期： 2020.07.20 Effective Date： 2020.07.20

文号： 法发〔2020〕25号 Doc Number： Fa Fa [2020] No.25

 

最高人民法院、国家发展和改革委员会关于为新时代加快完善社会主义市场经济体制提供司法服务和保障的意见 

法发〔2020〕25号

 

为深入贯彻落实《中共中央 国务院关于新时代加快完善社会主义市场经济体制的意见》精神，充分发挥审判职能作用，营造适应经济高质量发展的良好法治化营商环境，为加快完善新时代社会主义市场经济体制提供有力司法服务和保障，结合经济社会发展需要和人民法院审判执行工作实际，制定本意见。

 

Opinions of the Supreme People's Court and the National Development and Reform Commission on Providing Judicial Services and Supports to Accelerate Improvement of the Socialist Market Economy System in the New Era

 

Fa Fa [2020] No.25

 

In order to thoroughly implement the guiding principles of the Opinions of the CPC Central Committee and the State Council on Accelerating the Improvement of the Socialist Market Economy System in the New Era, give full play to the functional role of trials, create a good law-based business environment for high-quality economic development, and provide effective judicial services and supports for accelerating the improvement of the socialist market economy system in the new era, these Opinions are formulated in light of the economic and social development needs and the trial and enforcement practice of people's courts.

 

一、完善市场主体司法保护机制，进一步增强微观主体活力

 

I. Improving the mechanism for judicial protection of market players to further invigorate micro market players

 

1.依法平等保护各类市场主体。坚持公有制经济和非公有制经济法律地位平等、法律适用平等、权利保护平等，不断加强对非公有制经济的司法保护力度。依法平等保护中外当事人的诉讼权利和实体权益，坚定不移扩大高水平开放。坚持严格公正司法，平等保护民营企业和企业家的人格权益和财产权益，保障各类市场主体平等使用生产要素，公开公平参与市场竞争。

 

1. Equally protecting various market players in accordance with the law. We should adhere to the principle of equal legal status, equal application of laws and equal protection of rights between public sector of the economy and non-public sectors of the economy, and constantly strengthen the judicial protection of non-public sectors of the economy. We should also equally protect litigation rights and substantive rights and interests of Chinese and foreign parties concerned according to the law and unswervingly expand high-level opening-up. Efforts shall be made to uphold the strict and fair justice, equally protect the personality rights and property rights and interests of private enterprises and entrepreneurs and ensure that various market players equally access production factors and openly and fairly participate in market competition.

 

2.完善市场主体司法裁判规则体系。以贯彻实施民法典为契机，及时开展司法解释清理修订工作，废除按照所有制类型区分市场主体和对民营企业不平等的规定。完善营利法人的司法裁判规则，推动形成有利于创新和发展的现代法人制度。针对特别法人制度的最新发展，按照中央创新农村集体经济组织有效组织形式和运行机制的要求，积极应对司法实践中涉及农村集体经济组织基本特征、法人属性、功能作用、运行机制等亟待解决的现实问题。吸收借鉴国际成熟市场主体法律制度的有益经验，规范、扶持和保护高新科技企业、金融业和高端服务业领域存在的有限合伙企业等新型市场主体，健全支持民营经济、外商投资企业发展的司法环境。

 

2. Improving the system of judicial judgment rules for market players. Taking the implementation of the Civil Code as an opportunity, it is imperative to timely carry out the clean-up and revision of judicial interpretations and abolish the provisions on distinguishing market players based on ownership types and on unequal treatment of private enterprises. We should improve the judicial adjudication rules for for-profit corporates and facilitate the formation of a modern corporate system conducive to innovation and development. In view of the latest development of the special corporate system and in accordance with the requirements of the Central Government for innovating the effective organizational form and operation mechanism of rural collective economic organizations, we should actively deal with practical problems that urgently need to be solved in judicial practice involving the basic characteristics, corporate nature, functional roles, and operation mechanism of rural collective economic organizations. By drawing on the useful experience of international mature legal systems for market players, we should regulate, support and protect new market players such as high-tech enterprises, limited partnerships in the financial industry and high-end service sector, and improve the judicial environment to support the development of private economy and foreign-invested enterprises.

 

3.推动完善国有企业法人治理结构。按照“加快完善国有企业法人治理结构和市场化经营机制”要求，立足深化国有企业和国有资产监督管理体制改革，进一步明晰国有产权所有者和代理人关系，依法妥善审理因内部人控制、关联交易、法定代表人违规担保等导致国有资产流失的案件，依法追究董事、监事和高级管理人员违反忠实义务、勤勉义务的法律责任，促进国有企业健全完善内部监督制度和内控机制，规范权责定位和行权方式，完善中国特色的现代企业制度。依法支持混合所有制企业探索建立有别于国有独资、全资公司的治理机制，注重维护持股员工、非公有制股东的合法权益，激发新型市场主体的活力。

 

3. Promoting the improvement of the corporate governance structure of state-owned enterprises. In accordance with the requirements of "accelerating the improvement of the corporate governance structure and market-oriented operation mechanism of state-owned enterprises", we should, based on deepening the reform of state-owned enterprises and state-owned assets supervision and administration system, further clarify the relationship between the owners and agents of state-owned property rights, properly try the cases involving the loss of state-owned assets due to insider control, related transactions, illegal guarantee by legal representatives and other reasons, investigate the legal liability of directors, supervisors and senior executives for their violation of duty of loyalty and duty of diligence in accordance with the law, enable the state-owned enterprises to improve their internal supervision systems and internal control mechanisms, regulate the positioning of rights and responsibilities and exercise methods and improve the modern enterprise system with Chinese characteristics. We should also, in accordance with the law, support mixed ownership enterprises in exploring the establishment of a governance mechanism different from that of solely state-owned and wholly-owned companies, focus on safeguarding the legitimate rights and interests of shareholding employees and non-public ownership shareholders and stimulate the vitality of new market players.

 

4.加强中小股东司法保护。严格落实公司法、证券法优先保护特殊市场主体的立法精神，切实保护中小股东的知情权、利润分配权等合法权益，增强投资者信心。正确处理契约自由与契约正义的关系，合理确定金融机构的适当性管理义务和举证责任，优先保护金融消费者合法权益。依法受理、审理证券欺诈责任纠纷案件，发挥证券侵权赔偿诉讼的规范、震慑功能，提高资本市场违法违规成本。继续推进证券期货纠纷多元化解机制建设，支持建立非诉讼调解、先行赔付等工作机制，通过支持诉讼、示范判决等方式拓宽投资者索赔的司法路径，切实解决证券市场中小投资者维权难问题。

 

4. Strengthening the judicial protection of minority shareholders. Efforts shall be made to strictly implement the legislative spirit of the Company Law and the Securities Law giving priority to the protection of special market players, effectively protect the right to know, the right to profit distribution and other legitimate rights and interests of minority shareholders, and enhance the confidence of investors. It is imperative to correctly deal with the relationship between freedom of contract and justice of contract, reasonably determine the suitability management obligations and burden of proof of financial institutions and give priority to protecting the legitimate rights and interests of financial consumers. We should accept and try cases involving disputes over the liability for securities frauds in accordance with the law, give play to the regulatory and deterrent functions of securities tort compensation proceedings, and increase the costs of illegalities and irregularities in the capital market. We should continue to promote the development of diversified dispute-resolving mechanisms for securities and futures, support the establishment of such working mechanisms as non-litigation mediation and advance compensation, broaden the judicial path for investors' claims by supporting litigation and demonstrative judgment, and effectively solve the difficulties for medium and small investors to safeguard their rights in the securities market.

 

5.健全市场主体司法救治退出机制。抓住供给侧结构性改革主线，按照发展改革委《加快完善市场主体退出制度改革方案》要求，加快“僵尸企业”出清，充分发挥破产重整的拯救功能，加强对陷入困境但具有经营价值企业的保护和救治。细化重整程序的实施规则，加强庭外重组制度、预重整制度与破产重整制度的有效衔接。完善政府与法院协调处置企业破产事件的工作机制，探索综合治理企业困境、协同处置金融风险的方法和措施。拓展和延伸破产制度的社会职能，推动建立覆盖营利法人、非营利法人、非法人组织、自然人等各类市场主体在内的社会主义市场主体救治和退出机制。完善跨境破产和关联企业破产规则，推动解决跨境破产、复杂主体破产等司法难题。进一步完善企业破产启动与审理程序，加大执行转破产工作力度。优化管理人制度和管理模式，推动完善市场主体退出过程中相关主体权益的保障机制和配套政策。加强破产审判的专业化和信息化建设，提高破产案件审理质效。

 

5. Improving the judicial remedy and exit mechanism for market players. We should, by focusing on the main line of supply-side structural reform and in accordance with the requirements of the Reform Plan for Accelerating the Improvement of the Exit System of Market Players by the National Development and Reform Commission, accelerate the clearing of "zombie enterprises", give full play to the rescue function of bankruptcy reorganization and strengthen the protection and treatment of enterprises with difficulties but operating value. We should also refine the implementation rules of reorganization procedures and strengthen the effective connection between the out-of-court reorganization system, pre-reorganization system and the bankruptcy reorganization system. It is imperative to improve the working mechanism for the government and the court to coordinate the disposal of enterprise bankruptcy events and explore methods and measures for comprehensively governing enterprises' difficulties and disposing of financial risks in a synergistic way. The social functions of the bankruptcy system shall be expanded and extended, so as to promote the establishment of a rescue and exit mechanism for socialist market players covering profit-making corporates, non-profit corporates, unincorporated organizations, natural persons and other market players. We should improve cross-border bankruptcy and related enterprise bankruptcy rules and ensure to solve judicial problems such as cross-border bankruptcy and bankruptcy of complex entities. We should further improve the enterprise bankruptcy initiation and trial procedures and step up efforts on enforcement-bankruptcy transfer. The administrator system and management mode shall be optimized to promote the improvement of the guarantee mechanism and supporting policies for the rights and interests of relevant subjects in the exit process of market players. Efforts shall be made to strengthen the development of specialized bankruptcy trial and information technology to improve the quality and efficiency of trial of bankruptcy cases.

 

二、加强产权司法保护，夯实市场经济有效运行的制度基础

 

II. Strengthening the judicial protection of property rights and consolidating the system basis for effective operation of market economy

 

6.健全以公平公正为原则的产权保护制度。严格执行产权保护司法政策，全面依法平等保护各种所有制经济产权和合法权益，推动健全归属清晰、权责明确、保护严格、流转顺畅的现代产权制度。明确和统一裁判标准，准确界定产权关系，合理划定责任财产范围，重点解决国有资产流失，利用公权力侵害私有产权，违法查封、扣押、冻结民营企业财产等产权保护中的突出问题。严格区分经济纠纷与经济犯罪，依法慎用刑事强制措施，严格规范涉案财产的保全和处置措施，健全涉产权冤错案件有效防范和常态化纠错机制。坚持法定赔偿原则，加大涉产权冤错案件赔偿决定执行力度。完善和统一执行异议之诉、担保物权实现、破产债权清偿中的权利冲突解决规则。强化善意文明执行理念，严禁超标的查封、乱查封，建立健全查封财产融资偿债和自行处置机制，尽最大可能保持企业财产运营价值。加强对数字货币、网络虚拟财产、数据等新型权益的保护，充分发挥司法裁判对产权保护的价值引领作用。

 

6. Improving the property rights protection system under the principle of fairness and impartiality. We should strictly implement judicial policies for the protection of property rights, comprehensively protect property rights and legitimate rights and interests in various ownership economies in accordance with the law and on an equal footing, and promote the improvement of a modern property rights system with clear ownership, well-defined rights and responsibilities, strict protection and smooth transfer. We should also clarify and unify judgment standards, accurately define property relations, reasonably define the scope of property liability, and focus on solving prominent problems in the protection of property rights such as the loss of state-owned assets, the infringement upon private property rights by use of public power, and the illegal sealing up, seizure and freezing of property of private enterprises. Efforts shall be made to strictly distinguish economic disputes and economic crimes, take criminal compulsory measures with prudence in accordance with the law, strictly regulate the preservation and disposal measures for property involved in cases and improve the mechanism for effective prevention and normalized correction of unjust and misjudged cases involving property rights. The principle of statutory compensation shall be followed to step up the enforcement of compensation decisions for unjust, misjudged cases involving property rights. It is imperative to improve and unify the rules on the resolution of right conflicts in the proceedings for objections to enforcement, the realization of real rights granted by way of security, and the liquidation of bankruptcy claims. We should strengthen the concept of civilized execution in good faith, strictly prohibit excessive seizure or disorderly seizure, establish and improve the mechanism of debt repayment by financing with sealed property and disposal, and try to maintain the operation value of enterprise property. Efforts shall be stepped up to strengthen the protection of new rights and interests such as digital currency, network virtual property and data and give full play to the guiding role of judicial adjudication in the value of property right protection.

 

7.依法惩治各类侵犯产权行为。依法惩治侵吞、瓜分、贱卖国有、集体资产的犯罪，推动完善资产监督管理制度。坚持惩罚犯罪与追赃挽损并重的原则，打击针对企业家和严重危害民营企业发展的违法犯罪行为，依法追缴民营企业被侵占、挪用的财物，完善财产返还和退赔制度。依法制裁知识产权违法犯罪，加大对链条式、产业化知识产权犯罪的惩治力度。合理认定产权侵权行为及其民事责任，及时出台证券纠纷代表人诉讼司法解释，保护上市公司与新三板公司股东权利。依法支持行政机关为保护产权实施的行政执法行为，纠正侵犯产权的违法行政行为，修订完善行政赔偿案件司法解释。

 

7. Punishing various infringements on property rights in accordance with the law. The crimes of embezzling, dividing, or selling state-owned or collective assets at a discount shall be punished in accordance with the law to promote the improvement of the asset supervision and management system. We should adhere to the principle of attaching equal importance to punishing crimes and recovering the booties and reducing losses, crack down on illegal and criminal acts targeting entrepreneurs and seriously endangering the development of private enterprises, recover property of private enterprises that is embezzled or misappropriated in accordance with the law, and improve the system for the return, refund and compensation of property. We should also punish intellectual property crimes according to the law and intensify punishments for chain-type and industrialized intellectual property crimes. It is necessary to reasonably determine property right infringement acts and civil liability therefor, timely promulgate judicial interpretations on litigation of securities dispute representatives and protect the shareholders' rights of listed companies and companies listed on the New Third Board. We should support in accordance with the law the administrative enforcement implemented by the administrative organs to protect property rights, correct illegal administrative acts infringing on property rights, and revise and improve the judicial interpretation for administrative compensation cases.

 

8.服务农村集体产权制度改革。依法加强对农村集体产权制度改革的司法保障，促进集体资产保值增值，不断增加农民收入，推动乡村振兴发展，巩固脱贫攻坚成果。严格实施土地管理法、农村土地承包法和民法典物权编规定，妥善审理农村承包地、宅基地“三权分置”产生的土地权属流转纠纷案件，依法依规认定承包地经营权流转合同、宅基地使用权流转合同的效力，促进土地资源有效合理利用。依法保护农户土地承包权和宅基地资格权，确保农村土地归农民集体所有。依法保护农村集体经济组织成员权益，对农村集体经济组织将经营性资产、资源性资产折股量化到集体经济组织成员的，要依法充分保障农村集体经济组织成员参与经营决策和收益分配的权利。

 

8. Serving the reform of the rural collective property right system. We should strengthen the judicial protection of the reform of the rural collective property right system in accordance with the law, promote the maintenance and appreciation of the value of collective assets, constantly increase the income of farmers, promote the revitalization of rural areas and consolidate the achievements of poverty alleviation. We should also strictly implement the Land Administration Law, the Law on Land Contract in Rural Areas and the provisions of Real Rights in the Civil Code, properly try cases involving disputes over the transfer of land ownership arising from the "Division of Three Rights" for rural contracted land and homestead, identify the validity of contracts on the transfer of contracted land management rights and contracts on the transfer of homestead use rights in accordance with laws and regulations, and promote the effective and reasonable use of land resources. It is imperative to protect the land contracting rights and homestead qualification rights of farmer households pursuant to the law and ensure that rural land is collectively-owned by farmers. The rights and interests of the members of rural collective economic organizations shall be protected according to the law. Where rural collective economic organizations break down the business assets and resource assets into stocks and qualify them into the members of the collective economic organizations, the rights of the members of the rural collective economic organizations to participate in the operational decision-making and income distribution shall be fully guaranteed according to the law.

 

9.公正审理土地征收征用案件。严格界定公共利益用地范围，对不符合公共利益需要征收、征用土地的行为，依法不予支持。支持行政机关依法打击各种违法占用耕地行为，确保耕地和永久基本农田不受侵犯。遵循及时合理补偿原则，综合运用多种方式对被征收征用者进行公平合理补偿，维护被征收征用者的合法权益。妥善审理承包地征收补偿费用分配纠纷案件，防止农村集体经济组织非法截留土地承包经营权人应得的补偿。

 

9. Impartially hearing cases of land requisition and expropriation. We should strictly define the scope of land for public interest and lawfully deny the expropriation or requisition of land in violation of public interest. The administrative organs shall be supported in cracking down on all kinds of illegal occupation of arable land in accordance with the law, to ensure that arable land and permanent basic farmland are not infringed upon. The principle of prompt and reasonable compensation shall be followed, and multiple methods are used in an integrated way to make fair and reasonable compensation to parties subject to requisition or expropriation, safeguard the legitimate rights and interests of parties subject to requisition or expropriation. We should properly try dispute cases pertaining to distribution of compensation expenses for requisition of contracted land and prevent the rural collective economic organisations from illegally intercepting the compensation due to holders of right to contractual land management.

 

10.加强自然资源的产权保护。依法审理自然资源权属争议，规范自然资源交易流转制度，加强自然资源资产产权保护。贯彻生态环境监管体制改革要求，依法审理自然生态空间确权登记等案件，推进自然资源资产确权登记制度有效实施。修改完善公益诉讼和生态环境损害赔偿诉讼司法解释，全面促进自然资源保护和生态环境修复。促进建立健全协商、调解、仲裁、行政裁决、行政复议和诉讼等有机衔接、相互协调、多元化的自然资源资产产权纠纷解决机制。

 

10. Strengthening the protection of property rights of natural resources. We should try disputes over the ownership of natural resources in accordance with the law, regulate the trading and circulation system of natural resources, and strengthen the property rights protection of natural resource assets. We should also implement the requirements of the reform of the ecological environment supervision system, hear cases involving the determination and registration of the rights to natural ecological space in accordance with the law, and promote the effective implementation of the system for determination and registration of the rights to natural resource assets. It is imperative to revise and improve the judicial interpretations on public interest litigation and eco-environmental damage compensation litigation, and comprehensively promote the protection of natural resources and restoration of the eco-environment. More efforts shall be made to promote the establishment and improvement of the mechanism for dispute resolution of property rights of natural resources that is organically connected, mutually coordinated and diversified through consultation, mediation, arbitration, administrative adjudication, administrative reconsideration and litigation etc.

 

11.服务国家创新体系建设。完善与重大科技攻关、科技成果转化等有关的知识产权归属、保护、利益分配等相关制度，实现知识产权保护范围、强度与其贡献程度相适应，推动形成激励和保护创新的司法保障体系。研究制定专利授权确权、商业秘密、惩罚性赔偿、知识产权民事诉讼证据等司法解释和司法政策，加大对知识产权、商誉权侵权犯罪行为的惩治力度。加强知识产权专门化审判体系和人才队伍建设。积极适应新技术、新领域、新业态对司法保护提出的新要求，强化对科技创新、商业模式创新和技术要素市场的规则指引，为国家创新体系建设和新兴产业发展提供司法保障。

 

11. Serving the development of the national innovation system. We should improve the systems related to the ownership, protection and profit distribution of intellectual property rights concerning major scientific and technological breakthroughs and the transformation of scientific and technological achievements, realize the compatibility of the scope and intensity of intellectual property right protection with their contributions, and promote the formation of a judicial protection system that encourages and protects innovation. It is required to study and formulate judicial interpretations and policies on the confirmation of patent licensing, trade secrets, punitive damages and evidence for civil litigations on intellectual property rights and intensify the punishments for criminal acts of infringing on intellectual property rights and goodwill rights. We should also strengthen the specialized trial system and talent team building for intellectual property, actively adapt to new requirements for judicial protection put forward by new technologies, new fields and new business forms, and strengthen the guidance on the rules for technological innovation, business model innovation and technical element market, so as to provide judicial guarantees for the development of national innovation system and the development of emerging industries.

 

三、保障要素市场化配置改革，推动建立公平公正、竞争有序的市场体系

 

III. Supporting the reform of the market-oriented allocation of factors and promoting the establishment of a fair, impartial, competitive and orderly market system

 

12.尊重合同自愿和契约精神。以要素市场化配置改革为重点，坚持诚实信用、意思自治、公平竞争，充分发挥各类合同在市场配置资源中的基础性作用。准确把握自然垄断行业、服务业等市场准入的放宽对合同效力的影响，落实“非禁即入”政策，妥善审理建设工程、房地产、矿产资源以及水、电、气、热力等关系要素配置和市场准入的合同纠纷案件，正确处理合同自愿与行政审批、自然资源开发利用与生态环境保护的关系。适应土地供给的政策调整，统一国有土地使用权出让、转让合同纠纷案件的裁判尺度。合理判断股权融资、双向对赌等交易模式和交易结构创新的合同效力，鼓励市场主体创新创业。及时出台不良资产处置司法解释，优化资本与生产要素配置。

 

12. Respecting contract voluntariness and contractual spirit. We should focus on the reform of market-oriented allocation of factors, adhere to good faith, autonomy of will, and fair competition, and give full play to the fundamental role of various types of contracts in the market-oriented allocation of resources. It is imperative to accurately understand the impact of relaxing the market access restrictions on the effectiveness of contracts in natural monopoly industries and service industries, implement the policy of "entry unless on the negative list", properly hear contract dispute cases involving construction projects, real estate, mineral resources and the allocation of such relationship factors as water, electricity, gas, heat, etc. and market access, and correctly handle the relationship between contract voluntariness and administrative approval, and that between the development and utilization of natural resources and the protection of ecological environment. We should further adapt to policy adjustment on land supply and unify the ruling criteria for cases involving disputes over contracts for assignment or transfer of the right to use state-owned land. More efforts shall be made to reasonably determine the validity of contracts on transaction modes and transaction structure innovation such as equity financing and two-way valuation adjustment and encourage the innovation and entrepreneurship of market players. The judicial interpretations on the disposal of non-performing assets shall be timely promulgated to optimize the allocation of capital and production factors.

 

13.促进金融和民间资本为实体经济服务。依法支持能够降低交易成本、实现普惠金融、合法合规的交易模式，为解决中小微企业融资难、融资贵问题提供司法保障。统筹兼顾利率市场化改革与维护正常金融秩序的关系，对于借贷合同中一方主张的利息、复利、罚息、违约金和其他费用总和超出司法保护上限的，不予支持。对于当事人以预扣利息、租金、保证金或加收中介费、服务费等方式变相提高实体经济融资成本、规避民间借贷利率司法保护上限的行为，按照实际形成的借款关系确定各方权利义务。规范、遏制国有企业贷款通道业务，引导其回归实体经济。抓紧修改完善关于审理民间借贷案件适用法律问题的司法解释，大幅度降低民间借贷利率的司法保护上限，坚决否定高利转贷行为、违法放贷行为的效力，维护金融市场秩序，服务实体经济发展。

 

13. Encouraging financial and private capital to serve the real economy. We should support the transaction modes that can reduce transaction costs, realize inclusive finance and comply with laws and regulations in accordance with the law, and provide judicial guarantees for solving the problems of difficult and expensive financing for micro, small and medium-sized enterprises. Overall consideration shall be given to the relationship between the market-based reform of interest rates and the maintenance of normal financial order, and if the total of interests, compound interests, penalty interests, liquidated damages and other expenses claimed by any party to the lending contract exceeds the judicial protection limit, such claim shall not be supported. Where the parties concerned raise the financing cost of the real economy or avoid the judicial protection cap on the interest rate of private lending in a disguised manner by withholding interest, rental or security deposit or charging an additional agency fee or service fee, the rights and obligations of all parties concerned shall be determined according to the loan relationship actually formed. We should regulate and restrain the loan channel business of state-owned enterprises and guide them to return to the real economy. It is imperative to revise and improve the judicial interpretations on issues concerning the application of law in the hearing of private lending cases as soon as possible, significantly reduce the upper limit of judicial protection for the interest rates of private lending, resolutely deny the effectiveness of relending at a high interest rate and illegal lending, maintain the financial market order, and serve the development of the real economy.

 

14.依法认定新型担保的法律效力。准确把握物权法定原则的新发展、民法典物权编扩大担保合同范围的新规定，依法认定融资租赁、保理、所有权保留等具有担保功能的非典型担保合同的效力。结合民法典对禁止流押规则的调整和让与担保的司法实践，进一步研究细化让与担保的制度规则和裁判标准，尊重当事人基于意思自治作出的交易安排。依据物权变动规则依法认定担保物权的物权效力，最大限度发挥担保制度的融资功能作用，促进商事交易健康发展。

 

14. Legally recognizing the legal effect of new-type guarantee. It is imperative to accurately grasp the new development of the principle of legality of real rights, the new provisions in the Part of Real Rights of the Civil Code on expanding the scope of guarantee contracts, and determine the validity of finance lease, factoring, retention of ownership and other atypical guarantee contracts with the guarantee function in accordance with the law. We should, on the basis of adjustments made to the rules on prohibition of mortgage in the Civil Code and the judicial practice of transfer guarantee, further refine the rules and adjudication standards for transfer guarantee, and respect the transaction arrangements made by the parties based on autonomy of will. We should also determine the effectiveness of real rights granted by way of security in accordance with the rules on the change of real rights, maximize the financing function of the guarantee system, and promote the healthy development of commercial transactions.

 

15.依法妥善审理互联网交易纠纷案件。注意把握互联网交易合同订立的特殊规则，依法认定互联网交易中电子合同、预约合同、格式合同的成立生效要件。准确界定电子商务平台运营者、平台内经营者、消费者及知识产权权利人的权利义务关系，依法保障各方当事人合法权益。促进电子商务平台经营活动规范有序、健康发展，有效发挥互联网在生产要素配置中的优化集成作用。

 

15. Properly hearing cases of disputes over Internet transactions in accordance with the law. The special rules for conclusion of online transaction contracts shall be grasped to legally determine the elements for establishment and effectiveness of electronic contracts, advance contracts and standard contracts in online transactions. We should accurately define the relationship of rights and obligations of e-commerce platform operators, business operators using the platform, consumers and intellectual property right holders, and protect the legitimate rights and interests of all parties concerned according to the law. It is required to promote the standard, orderly and healthy development of operating activities of e-commerce platforms, and effectively give play to the optimization and integration role of the Internet in the allocation of production factors.

 

16.依法促进劳动力要素优化配置。妥善审理劳动争议案件，遵循劳动力要素市场化配置要求，促进劳动力和人才的社会性流动。对暂时存在资金困难但有发展潜力的企业，特别是中小微企业，发挥集体协商援企稳岗作用，尽量通过和解、调解等方式，鼓励劳动者与企业共渡难关。对因产能过剩被倒逼退出市场的企业，要防止用人单位对劳动者权益的恶意侵害，打击恶意欠薪行为，加大财产保全、先予执行力度，最大限度保护劳动者合法权益。对地区、行业影响较大的产业结构调整，要提前制定劳动争议处置预案，健全劳动关系风险排查化解机制，形成多层次、全方位的协同联动机制和纠纷化解合力。完善促进人才社会性流动的司法解释和规范性文件，畅通人才跨所有制流通渠道，健全企事业单位人才流动机制，推动建立国际人才交流合作的法律保障机制，为畅通经济运行提供“软保障”。

 

16. Promoting the optimal allocation of labor factors in accordance with the law. We should properly hear labor dispute cases, follow the requirements for market-oriented allocation of labor factors, and promote the social flow of labor and talent. For enterprises with temporary financial difficulties but with development potential, especially micro, small and medium-sized enterprises, it is required to give play to the role of collective consultation in providing assistance to enterprises to stabilize employment and encourage employees and enterprises to tide over difficulties by means of reconciliation, mediation or otherwise. For the enterprises that are forced to exit the market due to overcapacity, we should prevent the malicious infringement upon the rights and interests of employees by the employers, crack down on malicious wage arrears, increase the efforts on property preservation and advance execution and protect the legitimate rights and interests of employees to the maximum extent. For the industrial restructuring that has greater influence on regions and industries, we should also formulate the pre-arranged planning for labor dispute settlement in advance, improve the mechanism for investigating and resolving labor relationship risks, and form a multi-level and all-round collaborative linkage mechanism and a joint force for dispute settlement. Efforts shall be intensified to improve judicial interpretations and normative documents that promote the social flow of talent, unblock the channels of cross-ownership circulation of talent, perfect the mechanism of talent flow in enterprises and public institutions, promote the establishment of legal security mechanism for international talent exchange and cooperation, and provide "soft security" for the smooth economic operation.

 

四、维护社会诚信与市场秩序，营造适应经济高质量发展的法治化营商环境

 

IV. Maintaining social integrity and market order to create a law-based business environment suitable for high-quality economic development

 

17.依法支持和服务“放管服”改革。依法审理涉及行政审批、行政许可等行政案件，促进行政机关不断优化行政审批制度、创新行政管理和服务方式，服务法治政府和政务诚信建设。研究制定行政诉讼中规范性文件附带审查的司法解释，加大对行政决策合法性和行政行为合理性的审查力度，促进政府守信践诺。依法审理政府招商引资、政府特许经营、土地房屋征收等行政协议案件，严格把握政府解除行政协议的条件，切实维护行政相对人的合法权益。

 

17. Supporting and servicing the reform to "streamline administration and delegate power, improve regulation, and upgrade services" according to the law. We should try administrative cases involving administrative examination and approval, administrative licensing and so on in accordance with the law and enable the administrative organs to constantly optimize the administrative examination and approval system, innovate administrative management and service modes, and serve law-based government and government credit construction. It is imperative to study and formulate the judicial interpretations on incidental review of normative documents in administrative proceedings, intensify the review of the legitimacy of administrative decision-making and the reasonableness of administrative acts, and ensure the government to keep promises and fulfill commitments. In addition, we should also hear administrative agreement cases such as government investment promotion, government franchise, land and real estate requisition, etc. pursuant to the law, strictly grasp the criteria for rescission of administrative agreement by the government, and pragmatically safeguard the legitimate rights and interests of the administrative counterparts.

 

18.加强反不正当竞争、反垄断审判工作。准确把握法律标准，恪守竞争中性原则，综合运用效能竞争、比例原则、竞争效果评估方法，建立健全第三方审查和评估机制，依法判断竞争行为的正当性，及时制止不正当竞争、垄断行为，提高违法成本，引导市场主体诚信公平有序竞争，增强市场竞争活力。

 

18. Strengthening the trial of anti-unfair competition cases and anti-monopoly cases. We should accurately grasp legal standards, abide by the principle of competition neutrality, comprehensively apply methods of efficiency competition, the principle of proportionality, and the evaluation of competition effects, establish and improve a third-party review and evaluation mechanism, judge the legitimacy of competitive behaviors in accordance with the law, timely stop unfair competition and monopolistic behaviors, increase illegal costs, guide market players to compete in good faith, in a fair and orderly manner, and enhance market competition vitality.

 

19.规范金融市场投融资秩序。依法严惩非法集资犯罪行为，坚决守住不发生系统性金融风险的底线。按照“穿透监管”要求，剔除当事人之间通谋虚伪的意思表示，正确认定多层嵌套金融交易合同下的真实交易关系。按照功能监管要求，对以金融创新为名掩盖金融风险、规避金融监管、进行制度套利的违规行为，以其实际构成的法律关系认定合同效力和权利义务。主动加强与金融监管机构的沟通协调，支持、促进金融监管机构依法履职，加强金融风险行政处置与司法审判的衔接，协助做好金融风险预警预防和化解工作。及时研究和制定针对网络借贷、资管计划、场外配资、资产证券化、股权众筹等金融现象的司法应对举措，提高防范化解重大金融风险的主动性、预判性。严厉打击涉互联网金融或者以互联网金融名义进行的违法犯罪行为，规范和保障互联网金融健康发展。

 

19. Regulating the investment and financing order in the financial market. It is imperative to severely punish illegal fund-raising crimes according to the law, and firmly hold the bottom line that no systematic financial risk occurs. We should eliminate the expression of intent made by the parties involved in collusion or falsification pursuant to the requirements of "penetrating supervision", and correctly identify the real transaction relationship under the multi-layer nested financial transaction contract. Pursuant to the functional regulatory requirements, for illegal acts of covering up financial risks, circumventing financial regulation and carrying out system arbitrage under the pretext of financial innovation, the contractual validity and rights and obligations shall be determined in accordance with the legal relationship actually formed. We should also take the initiative to strengthen communication and coordination with the financial regulatory authorities, support and promote the performance of duties by financial regulatory authorities pursuant to the law, strengthen connection of administrative handling of financial risks and judicial adjudication, and assist in prevention and resolution of early warning of financial risks. Prompt efforts shall be made to study and formulate judicial response measures for financial phenomena such as P2P lending, asset management plans, over-the-counter asset allocation, asset securitization and equity-based crowdfunding, and enhance the initiative and predictability in preventing and resolving major financial risks. We should further strictly crack down on illegal and criminal behaviors involving Internet finance or conducted in the name of Internet finance and regulate and guarantee the healthy development of Internet finance.

 

20.加强“逃废债”清理惩戒机制建设。健全清理拖欠企业债务长效机制，加大强制执行力度，依法适用拘留等强制措施，树立实质穿透执行理念，依法识别和精准打击规避、抗拒执行行为，保障胜诉当事人及时实现权益，降低债权实现成本，助力企业化解债务危机。完善诚信建设长效机制，推进政府部门诚信信息与法院信息共享机制，精准适用、严格规范失信被执行人名单和限制消费等措施，完善信用修复机制，探索建立虚假诉讼失信人名单制度，严厉制裁诉讼失信行为，促进社会诚信建设。

 

20. Strengthening the building of a clean-up and punishment mechanism for "debt evasion". We should improve the long-term mechanism for clearing up debts of enterprises in arrears, intensify compulsory enforcement, lawfully apply detention and other compulsory measures, establish the concept of substance penetrating enforcement, lawfully identify and precisely crack down on acts of avoiding or resisting enforcement, guarantee the timely realization of rights and interests of the parties concerned winning a lawsuit, reduce the cost of realizing creditor's rights, and assist enterprises in resolving a debt crisis. We should also improve the long-term mechanism for fostering integrity, promote the sharing of integrity information between government departments and courts, apply in a precise manner and strictly regulate the list of dishonest persons subject to enforcement, restrict consumption and take other measures, improve the credit repair mechanism, explore the establishment of a list of dishonest people in false lawsuits, severely punish litigation dishonesty and promote the building of social integrity.

 

五、强化民生司法保障，实现更高水平的公平正义

 

V. Intensifying the judicial guarantee of the people's livelihood to achieve a higher level of fairness and justice

 

21.为常态化疫情防控和经济社会发展提供司法保障。围绕做好“六稳”工作、落实“六保”任务，充分发挥审判职能，及时总结提炼疫情期间经验做法，聚焦复工复产新要求，有针对性调整完善司法政策，推出更多便民利民司法措施，不断提高审判效能。依法惩治影响常态化疫情防控各类犯罪，立足司法职能推动健全公共卫生体系，强化公共卫生法治保障，严惩公共安全、民生保障领域的犯罪行为，坚决维护国家安全、生物安全、生态安全和公共卫生安全。

 

21. Providing judicial guarantee for normalized epidemic prevention and control as well as economic and social development. By centering on effectively carrying out the work of "stability on the six fronts" and the task of "security in the six areas", we should give full play to trial functions, timely summarize experience and practices during the epidemic period, focus on new requirements for resumption of work and production, make targeted adjustments to improve judicial policies, and introduce more judicial measures for the convenience and benefit of the people, to constantly improve trial efficiency. We should also punish various types of crimes affecting normalized epidemic prevention and control in accordance with the law, and should, based on judicial functions, promote the improvement of the public health system, strengthen the legal protection of public health, strictly punish criminal acts in the fields of public security and livelihood protection and resolutely safeguard national security, biological safety, ecological safety and public health security.

 

22.推动完善更加公平的社会保障体系。服务保障扩大内需战略，加大对“互联网+”领域涉及的产品质量、旅游消费、教育培训、通讯服务等消费纠纷案件的审判力度，依法认定设置消费陷阱或者霸王条款等损害消费者权益的不法行为及其法律责任，维护消费者合法权益。加大对促进就业的司法支持力度，坚决纠正就业中的地域、性别等歧视，维护劳动者公平就业权利。保护劳动者创业权利，注重引导劳动者转变就业观念，推动健全网约工、快递员等新业态从业人员的权益保障。强化司法救济，依法支持劳动者和弱势群体在工伤、医疗保险、社会救助等方面的合理诉求，解决养老保险参保率低、断保、保险关系转移接续不畅等现实问题。落实统筹完善社会救助制度的要求，继续深入推进人身损害赔偿标准城乡统一试点，适时修订相关司法解释。

 

22. Promoting the improvement of a more equitable social security system. It is required to serve the strategy of expanding domestic demand, intensify the trial of cases of consumption disputes involving product quality, tourism consumption, education and training, and communication services in the field of "Internet plus", and identify illegal behaviors damaging consumer rights and interests such as setting consumption traps or imparity clauses and the legal liability therefor in accordance with the law, so as to safeguard the legitimate rights and interests of consumers. We should strengthen the judicial support for promoting employment, resolutely correct the regional and gender discrimination in employment and safeguard the laborers' rights to fair employment. The entrepreneurship rights of workers shall be protected, attention shall be paid to guiding workers to change their employment concepts to promote the perfection of the protection of the rights and interests of workers in new business forms such as online contract workers and express delivery personnel. The judicial relief shall be strengthened to support the reasonable demands of laborers and vulnerable groups in respect of work-related injuries, medical insurance, social assistance and so on in accordance with the law, and solve practical problems such as the low coverage rate of endowment insurance, the termination of insurance and the unsmooth transfer and continuation of insurance relations. Requirements for coordinating and improving the social assistance system shall be implemented, the uniform pilot program of personal injury compensation standards in urban and rural areas shall be further promoted, and relevant judicial interpretations shall be revised at appropriate time.

 

23.加强数据权利和个人信息安全保护。尊重社会主义市场经济规律及数据相关产业发展实践，依法保护数据收集、使用、交易以及由此产生的智力成果，完善数据保护法律制度，妥善审理与数据有关的各类纠纷案件，促进大数据与其他新技术、新领域、新业态深度融合，服务数据要素市场创新发展。贯彻落实民法典人格权编关于人格利益保护的规定，完善对自然人生物性、社会性数据等个人信息权益的司法保障机制，把握好信息技术发展与个人信息保护的边界，平衡好个人信息与公共利益的关系。

 

23. Strengthening the protection of data rights and personal information security. We should respect the law of the socialist market economy and the development practice of data-related industries, protect data collection, use, trading and the resulting intellectual achievements according to the law, improve the legal system for data protection, properly try various data-related dispute cases, promote the deep integration of big data and other new technologies, new fields, and new business forms, and serve the innovative development of the data element market. We should also implement the provisions of the Personality Rights Part of the Civil Code on the protection of personality interests, improve the judicial protection mechanism for personal information rights and interests such as biological and social data of natural persons, grasp the boundary between the development of information technology and personal information protection and balance the relationship between personal information and public interests.

 

24.依法促进房地产市场平稳健康发展。坚持“房子是用来住的，不是用来炒的”定位，依法妥善审理涉房地产相关纠纷案件，引导房产交易回归居住属性。落实中央加快建立多主体供给、多渠道保障、租购并举的住房制度要求，坚持租购同权，依法保护房屋承租人的优先承租权。准确把握民法典关于居住权的立法目的与成立条件，依法妥善审理涉居住权案件，充分发挥居住权扶弱、施惠的社会保障功能，保护弱势群体的居住权益。积极运用司法手段支持政府严控房价，防范炒地炒房投机行为，保障房地产市场平稳健康发展。

 

24. Promoting stable and healthy development of the real estate market pursuant to the law. We should adhere to the positioning that "houses are for living in, not for speculation", properly try cases involving disputes over real estate in accordance with the law, and guide real estate transactions to return to the nature of residence. It is imperative to implement the requirements of the Central Government on accelerating the establishment of a housing system featuring multi-entity supply, multi-channel support, and simultaneous renting and purchasing, adhere to the equal rights for home tenants and owners, and protect the priority right of tenants to rent houses according to the law. We should also accurately grasp the legislative purposes and establishment conditions of right of habitation set out in the Civil Code, properly try the cases involving right of habitation in accordance with the law, give full play to the social security function of supporting the weak and granting benefits to the weak in respect of right of habitation, and protect the residence rights and interests of vulnerable groups. More efforts shall be made to actively use judicial means to support the government in strictly controlling housing prices, prevent real estate speculation and safeguard stable and healthy development of the real estate market.

 

25.规范完善食品药品安全监管。坚持“四个最严”标准，严格执行食品安全法、药品管理法、疫苗管理法等规定，对生产、销售不安全食品以及假药、劣药构成犯罪的，依法追究刑事责任。正确适用民事赔偿首负责任制、惩罚性赔偿等规定，依法判定不诚信生产经营者的民事责任。加快制定关于审理食品安全民事纠纷的司法解释，统一裁判标准，确保人民群众“舌尖上的安全”。健全完善行政执法与行政、刑事司法衔接机制，对于审判实践中发现的食品、药品、疫苗等突出问题，在依法公正裁判的同时，及时向相关行政部门发出司法建议。坚持保护消费者权益与推动企业发展、维护市场营商环境并重，依法打击涉嫌敲诈勒索等刑事犯罪的违法索赔，保障企业商家正常生产经营。

 

25. Regulating and improving the food and drug safety supervision. We should adhere to the "Four Most Stringent Standards", strictly implement the Food Safety Law, Drug Administration Law, Vaccine Administration Law and other provisions and investigate the criminal liability of anyone who produces or sells unsafe food as well as fake or inferior drugs which constitutes a crime in accordance with the law. We should also correctly apply the primary liability system for civil compensation, punitive damages and other provisions, and determine the civil liability of producers or business operators in bad faith according to the law. Efforts shall be made to speed up the formulation of judicial interpretations on the trial of civil disputes over food safety and unify judgment standards to ensure the "safety of every bite of food" of the masses. It is required to improve and perfect the mechanism for connection between administrative law enforcement and administration and criminal justice, and with respect to the prominent problems concerning food, drugs and vaccines found in the trial practice, timely give judicial suggestions to the relevant administrative departments while rendering impartial judgments according to law. We should, by adhering to paying equal attention to the protection of consumer rights and interests as well as promoting enterprise development and maintaining the market and business environment, crack down on illegal claims suspected of crimes such as extortion in accordance with the law and safeguard the normal production and operation of enterprises and businesses.

 

六、健全涉外司法保障机制，推动建设更大范围、更宽领域、更深层次的全面开放

 

VI. Perfecting foreign-related judicial protection mechanism and promoting the all-round opening-up of a larger scope, wider range and deeper level

 

26.以“一带一路”建设为重点构建涉外司法保障新机制。完善国际商事纠纷解决机制和机构，加强国际商事法庭建设，深化与“一带一路”沿线国家的国际司法协助，依法妥善化解涉外民商事案件，平等保护中外当事人合法权益，促进内外资企业公平竞争，推进贸易高质量发展。妥善处理在逐步放开外商投资领域时产生的涉及外资准入限制和股比限制的法律适用问题，依法维护外商投资合同效力，保护外资合法权益。服务和保障海洋强国战略，妥善审理海事海商案件，护航海洋经济健康发展。

 

26. Building a new mechanism for foreign-related judicial protection with the focus on the "Belt and Road Initiative". It is imperative to improve international commercial dispute resolution mechanisms and institutions, strengthen the construction of international commercial courts, deepen the international judicial assistance with countries along the "Belt and Road Initiative", properly resolve foreign-related civil and commercial cases in accordance with the law, equally protect the legitimate rights and interests of Chinese and foreign parties, promote fair competition between domestic and foreign-invested enterprises, and promote high-quality trade development. We should properly deal with the issues concerning application of laws to foreign investment access restrictions and shareholding restrictions arising from gradually relaxing restrictions on foreign investment fields, legally maintain the effectiveness of foreign investment contracts and protect the legitimate rights and interests of foreign investors. It is imperative to serve and safeguard the strategy of making China a strong maritime power, properly hear maritime cases and protect the healthy development of the maritime economy.

 

27.加快推动涉外民商事审判制度机制建设。积极参与、深入推进国际司法交流合作，严格遵守国际法和公认的国际关系基本准则，吸收借鉴国际成熟司法经验，探索建立健全国际投资仲裁领域的司法审查机制，适时出台涉外国民商事判决承认与执行的规范指引，及时清理不符合扩大对外开放实践需要的司法解释和规范性文件。探索中欧班列、陆海新通道、国际公路运输案件的专业化审判机制，深入研究扩大开放过程中出现的新情况新问题，及时制定完善应对的司法政策和举措，推动构建更高水平的国际经贸规则。

 

27. Accelerating the development of foreign-related civil and commercial trial system and mechanism. We should actively participate in and deeply promote international judicial exchanges and cooperation, strictly abide by international laws and recognized basic norms of international relations, absorb and learn from international mature judicial experience, explore the establishment and improvement of judicial review mechanism in the field of international investment arbitration, promulgate guidelines for regulating the recognition and enforcement of foreign-related civil and commercial judgments in due time and timely clean up judicial interpretations and normative documents that do not meet the needs of expanding opening-up. Efforts shall be made to explore the mechanism for specialized trial of cases involving China-Europe railways, new land and sea routes and international road transport, deeply study new situations and problems arising in the process of expanding opening-up, timely formulate and improve corresponding judicial policies and measures, and promote the development of international economic and trade rules at a higher level.

 

28.加强涉自贸试验区、自由贸易港的司法保障。认真总结涉自贸试验区民商事审判工作经验，聚焦贸易投资自由化便利化，找准司法审判与深化自贸试验区改革、稳步推进自由贸易港建设的结合点，公正高效审理涉自贸试验区案件，及时出台为海南自由贸易港建设提供司法服务和保障的意见。对案件审理过程中发现与自贸试验区、自由贸易港市场规则有关的行政管理问题，及时提出司法建议，持续推进自贸试验区、自由贸易港法治建设，促进自贸试验区、自由贸易港发挥先行先试的示范作用。

 

28. Strengthening the judicial protection for pilot free trade zones and free trade ports. Efforts shall be made to carefully summarize work experience of pilot free trade zone-related civil and commercial trials, focus on trade and investment liberalization and facilitation, identify the juncture of judicial trials and deepening reform of the pilot free trade zones and steady promotion of free trade port construction, hear cases involving pilot free trade zones in a fair and efficient manner, and timely promulgate opinions on providing judicial services and supports for development of Hainan Free Trade Port. Judicial suggestions shall be timely put forward on the administrative issues related to the market rules of pilot free trade zones and free trade ports found in the process of hearing cases to constantly promote the legal development of pilot free trade zones and free trade ports and facilitate pilot free trade zones and free trade ports to give play to their pioneering demonstration role.

 

七、以一站式多元解纷为切入点，建设具有中国特色、更加适应市场经济需求、便捷高效的矛盾纠纷化解机制

 

VII. Starting from the one-stop diversified dispute resolution to establish a convenient and efficient dispute resolution mechanism with Chinese characteristics which is more suitable for the needs of the market economy

 

29.深化民事、行政诉讼繁简分流改革。按照“统筹推进、分类指导、务求实效”工作原则，围绕优化司法确认、简易程序、小额诉讼程序等内容，有序推进民事、行政诉讼程序改革，建立健全繁简分流、轻重分离、快慢分道的审判执行机制。打好深入推进分调裁审改革组合拳，做好诉讼案件分流引导，加强诉前调解，优化诉讼程序和庭审方式，实现“繁案精审、简案快审”，不断提升司法效能。

 

29. Deepening the reform of separating complicated cases from simple ones in civil and administrative proceedings. In accordance with the working principle of "promotion as a whole, guidance by category, and pursuit of practical results" and by centering on the optimization of judicial confirmation, summary procedure, and small-amount litigation procedure, we should orderly promote the reform of civil and administrative litigation procedures, and establish and improve a trial enforcement mechanism with the separation of complicated cases from simple ones, the separation of light cases from heavy ones, and the separation of quick and slow ones. It is required to properly deepen the reform of combining the separation, mediation, adjudication and trial of cases, properly guide the division of litigation cases, strengthen the pre-litigation mediation, optimize the litigation procedures and court trial methods, achieve "careful trial of complicated cases and quick trial of simple cases", and constantly improve the judicial efficiency.

 

30.全面提升一站式多元解纷的质量和水平。统筹推进一站式多元解纷、诉讼服务体系建设，形成从矛盾纠纷源头预防，到诉前多元解纷，再到分层递进、繁简结合、衔接配套的矛盾纠纷预防调处化解综合机制，为市场主体提供分层次、多途径、高效率、低成本的纠纷解决方案。全面推行网上立案、跨域立案服务、网上调解、网上开庭、网上申诉等诉讼服务，建好用好人民法院调解平台，大力推广在线视频调解，努力为人民群众提供一站通办、一网通办、一号通办、一次通办的诉讼服务。

 

30. Comprehensively enhancing the quality and level of one-stop diversified dispute resolution. It is imperative to coordinate the promotion of a one-stop, diversified dispute resolution and litigation-related service system, and form an integrated mechanism for dispute prevention, mediation and resolution, from prevention from the source of conflicts and disputes to diversified dispute resolution before litigation, and then to layered progression, the combination of complicated and simple procedures and connection and supporting, so as to provide market players with hierarchical, multi-channel, efficient and low-cost dispute resolution schemes. We should comprehensively implement litigation services such as online case filing, cross-region case filing services, online mediation, online court hearing, online complaint and so on, build and make good use of mediation platforms of people's courts, vigorously promote online video mediation, and strive to enable the people to access more litigation services at one stop, via a single website or hotline or at one time.

 

31.以深化诉源治理推进社会治理融合互动。坚持创新发展新时代“枫桥经验”，主动融入党委领导的社会治理体系，坚持把非诉讼纠纷解决机制挺在前面，充分发挥基层法院、人民法庭就地预防化解矛盾纠纷的功能作用和联系人民群众的桥梁纽带作用。积极推进互联网、人工智能、大数据、云计算、区块链、5G等现代科技在司法领域的深度运用，充分发挥司法大数据作用，加强对深化市场化改革、扩大高水平开放中出现的问题研判，有效服务科学决策。

社会主义市场经济体制是中国特色社会主义的重大理论和实践创新，是社会主义基本经济制度的重要组成部分。人民法院为新时代加快完善社会主义市场经济体制提供更加有力的司法服务和保障，使命光荣、责任重大。我们要以习近平新时代中国特色社会主义思想为指导，始终坚持党对人民法院工作的绝对领导，始终坚持走中国特色的社会主义法治道路，始终坚持以人民为中心，进一步增强“四个意识”、坚定“四个自信”，做到“两个维护”，从战略和全局高度深刻认识加快完善社会主义市场经济体制的重大意义。各级人民法院要以学习贯彻民法典为契机，培养和树立与社会主义市场经济体制相适应的司法理念，着力推进审判体系和审判能力现代化，为加快完善新时代社会主义市场经济体制、推进国家治理体系和治理能力现代化、实现“两个一百年”奋斗目标、实现中华民族伟大复兴的中国梦作出新的更大贡献！

 

最高人民法院 国家发展和改革委员会

2020年7月20日

 

31. Deepening the governance of lawsuit sources to promote the integration and interaction of social governance. We should adhere to the "Fengqiao Experience" of the new era for innovative development, take the initiative to integrate into the social governance system under the leadership of the Party Committee, adhere to upholding the non-litigation dispute resolution mechanism at the forefront, and give full play to the function of grassroots courts and people's tribunals in preventing and resolving conflicts and disputes on the spot and their bridge role in connecting the masses. Active efforts shall be made to promote the in-depth application of the Internet, artificial intelligence, big data, cloud computing, blockchain, 5G and other modern technologies in the judicial field, give full play to the role of judicial big data, strengthen the study and judgment of problems arising in the process of deepening market-oriented reform and expanding high-level opening-up, and effectively serve scientific decision-making.

 

The socialist market economy system is a major theoretical and practical innovation of socialism with Chinese characteristics and an important component of the basic socialist economy system. It is a glorious mission and a great responsibility for the people's courts to provide more effective judicial services and supports for accelerating the improvement of the socialist market economy system in the new era. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we should always uphold the absolute leadership of the Party in the work of the people's courts, take the road of socialist rule of law with Chinese characteristics, put the people first, further enhance "four consciousnesses" and "four matters of confidence", achieve "two maintenances", and have a profound understanding of the significance of accelerating improvement of the socialist market economy system from a strategic and overall perspective. All levels of people's courts shall see learning and implementation of the Civil Code as an opportunity to cultivate and establish judicial concepts which correspond to the socialist market economy system, strive to promote modernisation of trial system and trial capacity and make new and greater contributions to expediting improvement of socialist market economy system for the new era, promoting modernisation of national governance system and governance capacity, achieving the "Two Centenary" Goals and realizing the Chinese Dream of national rejuvenation!

 

Supreme People's Court

National Development and Reform Commission 

July 20, 2020

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