[Shanghai Legal Daily] Shanghai No.3 Intermediate People’s Court Issued “25 Opinions” to Guarantee the Construction of Business Environment and Try to Incorporate the Information of Tort-feasors Who Commit Infringement Willfully and Repeatedly into the Public Credit Information System
March 16, 2018 Shanghai Legal Daily A04: Rule of Law
Reporter Hu Diefei
In order to provide more efficient judicial guarantees for creating a legalized business environment in Shanghai, Shanghai No.3 Intermediate People’s Court (Shanghai Intellectual Property Court, Shanghai Railway Transport Intermediate Court) issued the Opinions on Giving Full Play to the Judicial Functions to Guarantee the Optimization of Business Environment in Shanghai (hereinafter referred to as the “Opinions”) yesterday, which stipulate that the information of tort-feasors who commit infringement willfully and repeatedly will be incorporated into the public credit information system.
It’s noted that the Opinions consists of five parts, 25 articles in total.
In terms of implementing the judicial reform and effectively enhancing the judicial credibility, the Opinions make it clear that we should comprehensively deepen the reform of the judicial system with comprehensive integrated reforms, fully implement the judicial accountability system, actively promote the reform of trial-centered litigation system, adhere to the function orientation of “cross-area” and “professionalism”, deepen the reform of systems and mechanisms of cross-administrative-division courts and Shanghai Intellectual Property Court, so as to constantly improve the judicial perception and satisfaction of market players.
The Opinions also put forward that we should make effective use of the diversified dispute resolution mechanism, especially expand the number of resident mediation agencies, give full play to the role of trade associations and mediation organizations in professional mediations, explore the establishment of a working mechanism for lawyers to conduct mediations as neutral third parties, actively guide the parties to resolve their disputes through designated mediation before litigation or commissioned mediation during litigation, etc., and carry out online mediations by means of information technology, so as to promote the intelligentization of diversified dispute resolution methods.
With respect to extending the judicial functions and creating a good innovation and entrepreneurial environment, the Opinions put forward that we should strengthen the benign interaction with relevant functional departments. To be specific, support, supervise and promote administrative authorities at all levels to actively transform their functions, advance the reform to delegate power, streamline administration and optimize government services, improve the law enforcement system, innovate the ways of supervision to promote the innovation of government governance patterns; establish a regular information exchange and sharing mechanisms with administrative organs, procuratorial organs and trade associations, inform relevant parties in a timely manner of prominent or common problems found in trials and put forward concrete and feasible judicial suggestions, so as to help to build a good legalized business environment.
Meanwhile, we should promote the construction of social credit system and try to incorporate the information of tort-feasors who commit infringement willfully and repeatedly into Shanghai public credit information system.
