Haikou Maritime Court Studies and Implements the "Opinions of the Supreme People's Court on the People's Courts Providing Judicial Services and Guarantees for the Construction of Hainan Free Trade Port"
On January 25, Haikou Maritime Court held a party group meeting to convey and study the Opinions of the Supreme People’s Court on the People’s Courts Providing Judicial Services and Guarantees for the Construction of Hainan Free Trade Port (hereinafter referred to as the “Opinions”), and also to deploy the implementation measures of the Opinions.
It was pointed out in the meeting that the “Opinions” are the important arrangements of the Supreme People’s Court for the work of people’s courts by thoroughly implementing General Secretary Xi Jinping’s important instructions on the construction of Hainan Free Trade Port, fully implementing the “Overall Plan for the Construction of Hainan Free Trade Port”, and from the strategic perspective of accurately judging the domestic and international situation, implementing new development concepts, constructing new development pattern and promoting high-quality development. The “Opinions” put forward clear requirements for the People’s Courts to actively integrate into the construction of Hainan Free Trade Port and create a world-class market-oriented international business environment by adhering to the rule of law. It’s an important judicial policy document guiding the national courts, especially the courts in Hainan, to provide judicial service and guarantees for the contraction of Hanan Free Trade Port.
During the meeting, measures were put forward for the implementation of the “Opinions” by Haikou Maritime Court in the follows six aspects:
- Focusing on the right direction and implementation, bearing in mind the mission and responsibilities
We shall unswervingly adhere to the party’s absolute leadership over the work of the courts, and consciously adopt the spirit of General Secretary Xi Jinping’s important instructions to unify thinking, guide practice and promote work. Keeping upright and innovative, pioneering and forging ahead in the new situation for the contraction of Hainan Free Trade Port and accurately positioning the integration and focus of maritime justice in the services and guarantees for the contraction of Hainan Free Trade Port to promote high-quality development of maritime trials with open mind, brave experiment and bold innovation.
- Improving the maritime trial system and promoting the “trinity mode” in maritime trial
- To coordinate and adjust the works for internal divisions of the court by meeting the needs of the reform of “trinity mode” in maritime trial. To deploy and integrate the trial forces of the court for a dynamic management.
- To define the type of criminal case for designated jurisdiction, establish and improve the mechanism for conjoining and coordination of work.
- To research on case of disputes over international multimodal transport contract and international air transport contract, finding out the base number of the existing cases of such kind and predicting the development trend.
- To give full play to the adjudication functions in maritime civil, administrative and criminal cases and exercise jurisdiction over the sea area within the territory of the PRC according to law.
- Strengthening marine ecological and environmental protection for the construction of marine ecological civilization
- Establish a professional trial team and professional judge meetings for marine environmental resources to hear cases of disputes over compensation for marine natural resources and ecological environmental damages in accordance with the law, promote the establishment of a standard identification system for marine ecological damages, explore the establishment of marine environmental funds and the application and implementation of restorative judicial measures.
- Properly hear administrative cases of disputes over marine environmental resources, put forward judicial suggestions in a timely manner, and supervise administrative authorities to perform their duties in accordance with the law. Support the administrative authorities in accordance with the law in special rectification work regarding land reclamation, illegal sand mining, and checking of ships with “three noes”, namely ships with no ship number and name, no ship’s certificate and no port of registry.
- Give full play to the three platforms of cooperation with judicial protection, coordination in public interest litigation and the joining administrative management for sea-related matters to build a multi-level cooperation system for marine environmental protection.
- Providing high-quality judicial services and building legalized business environment
- Strengthen the construction of internationalized case filing windows, improve the “green channel” for dispute resolution in the free trade port and the functions of special guides for foreign-related litigation services. Promote the establishment of a fast case filing mechanism with the feature of “one trip to the max” (for the convenience of the parties concerned) and improve the establishment of a “24-hour” quick-response work mechanism for preservation procedures.
- Deeply understand the judicial needs for foreign investors, innovate and simplify the trial process for foreign-related cases, and highlight maritime features such as ship arrest and online auction.
- Improve the working mechanism for foreign mediators, broaden the selection channels, and give full play to the professional advantages of foreign mediators. Explore the selection of Hong Kong, Macao and Taiwan residents as people’s assessors to participate in the trial of maritime cases.
- Carry out special surveys on maritime cases involving the free trade port and conduct special statistics on maritime cases in the free trade port for deep analysis and study on the trends of such cases.
- Update and release information on the construction of the free trade port on the court’s English website to broaden the channels for foreign entities to understand the construction of Hainan free trade port. Publish the white paper on maritime trials and typical cases of maritime trials in a timely manner to enhance maritime judicial influence.
- Actively integrating into the overall development situation to serve the key industrial parks and industries
- Create an online litigation model suitable for cruise ships by relying on the internet courtroom, to effectively hear cases of dispute over international cruise ships and provide judicial services and guarantees for the construction of Sanya International Cruise Home Port.
- Properly hear civil and commercial cases of disputes over registration of international ships, port construction, shipping finance and other administrative cases involving ship management, and support the construction of registry port in “China Yangpu Port”.
- Relying on the geographical advantages of the court itself and the five tribunals of Sanya, Yangpu, Boao, Basuo and Sansha to provide specific judicial services and guarantees for the construction and development of the key industrial parks and industries like the construction of registry port in “China Yangpu Port”, Boao Lecheng International Medical Tourism Pilot Zone and Sanya International Cruise Home Port, and to build distinctive tribunals.
- Improving the capability of the team and building an international trial team
- Give full play to the key role of the reform and innovation research group with young judges, court staff and judicial personnel as the main body in planning the reform and innovation of maritime trials. Conduct special researches on legal issues related to the free trade port in accordance with the standards for the construction of courts in free trade port.
- Increase exchanges and cooperation with courts, colleges and universities inside and outside Hainan province, and actively carry out business training regarding foreign-related trials. Continue to arrange for maritime legal English forums, carry out English practice exercises, and hold advanced maritime legal English seminars to help the judges, court staff and judicial personnel to improve their English and capabilities in hearing foreign-related cases through multiple channels and levels.