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Opinions of the Supreme People's Court on Providing Judicial Services and Guarantees for Promoting High-quality Economic Development [Effective]
最高人民法院关于为推动经济高质量发展提供司法服务和保障的意见 [现行有效]
【法宝引证码】

Opinions of the Supreme People's Court on Providing Judicial Services and Guarantees for Promoting High-quality Economic Development 

最高人民法院关于为推动经济高质量发展提供司法服务和保障的意见

(No. 26 [2019] of the Supreme People's Court) (法发〔2019〕26号)

For the purposes of profoundly studying and fulfilling Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, earnestly studying and implementing the significant statements of General Secretary Xi Jinping on high-quality economic development, carrying through the decisions and arrangements of the CPC Central Committee on promoting high-quality economic development, fully leveraging the functions of the people's courts in judicial adjudication, and providing excellent judicial services and guarantees for promoting high-quality economic development, in light of the practices of the people's courts, the opinions are hereby offered as follows: 为深入学习贯彻习近平新时代中国特色社会主义思想,认真学习贯彻习近平总书记关于经济高质量发展的重要论述,贯彻党中央关于推动经济高质量发展的决策部署,充分发挥人民法院审判职能,为推动经济高质量发展提供高水平司法服务和保障,结合人民法院工作实际,制定如下意见。
I. Harboring a stronger sense of responsibility and mission in serving high-quality economic development   一、切实增强服务经济高质量发展的责任感和使命感
At the current stage, China's economic development is generally characterized by the transition from high-speed growth to high-quality development. Promoting high-quality development not only meets the requirements for maintaining sustainable and sound development, responding to the changes in the principal contradiction facing the Chinese society, completing the building of a moderately prosperous society and a modernized socialist country in all respects, and complying with the laws governing the economic development, but also satisfies the cardinal requirement of the Party and the State for determining the vision of development, formulating economic policies, and exercising macro adjustment and control for the current and future periods. For several times, General Secretary Xi Jinping has made important instructions on upholding the new development concept, promoting high-quality development, deepening the supply-side structural reform, fighting critical battles against potential risks, poverty and pollution, supporting opening-up to the outside world on all fronts, and promoting the development of private economy, which clearly points out the right direction for the people's courts in serving high-quality economic development and lays down the fundamental rules. The people's courts at all levels shall vigorously strengthen the sense of responsibility and mission, adhere to Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the guidance, learn and implement by heart the General Secretary's important statements on high-quality economic development. The people's courts shall also enhance the “awareness of maintaining political integrity, thinking in big-picture terms, keeping the CPC as the core of leadership, and acting consistently with the policies of the CPC Central Committee”, have confidence in “our path, guiding theories, political system, and culture”, resolutely "defend the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and defend the authority and leadership of the CPC Central Committee", comprehensively implement the new development concept, remain committed to the general principle of pursuing progress while maintaining stability, persist in serving the overall situation, ensuring justice for the people, and keeping judicial fairness. Furthermore, the people's courts shall fully leverage their functions in judicial adjudication, and provide strong judicial services and guarantees for sustainable and sound economic development as well as the general social stability. 现阶段,我国经济发展的基本特征就是由高速增长阶段转向高质量发展阶段。推动高质量发展,是保持经济持续健康发展的必然要求,是适应我国社会主要矛盾变化和全面建成小康社会、全面建设社会主义现代化国家的必然要求,是遵循经济规律发展的必然要求,是党和国家当前和今后一个时期确定发展思路、制定经济政策、实施宏观调控的根本要求。习近平总书记多次就坚持新发展理念、推动高质量发展、深化供给侧结构性改革、打好三大攻坚战、推动全方位对外开放、促进民营经济发展等作出重要指示批示,为人民法院服务经济高质量发展指明了方向,提供了根本遵循。各级人民法院要切实增强责任感和使命感,坚持以习近平新时代中国特色社会主义思想为指导,深入学习贯彻习近平总书记关于经济高质量发展的重要论述,增强“四个意识”、坚定“四个自信”、做到“两个维护”,全面贯彻新发展理念,坚持稳中求进工作总基调,坚持服务大局、司法为民、公正司法,充分发挥审判职能作用,为经济持续健康发展和社会大局稳定提供有力司法服务和保障。
II. Maintaining national security and social stability   二、依法维护国家安全和社会稳定
The people's courts shall stay firm to the holistic approach of national security, keep to the bottom-line thinking, have a stronger sense of urgency, improve the capability of risk prevention and control, severely crack down on various crimes such as infiltration, subversion and sabotage, violent terrorism, ethnic secession, and religious extremism, punish all kinds of criminal offenses according to the law, and resolutely maintain the country's political security, particularly the security of political power and regime. The people's courts shall implement the guiding principle of severe punishment on crimes, tighten efforts in combating organized criminal gangs, pay high attention to major cases involving gangland crimes, keep a close watch on “a web of relations based on patronage and corruption”, carefully scrutinize the economic basis of gangland criminal activities, make continuous efforts in severe punishment on and fierce combat against crimes, thorough investigation in criminal gangs and comprehensive crackdown plans, explore a long-lasting mechanism of punishing and controlling crimes at the sources in a systemic way, and go all-out to eliminate the root causes of criminal activities. The people's courts shall also severely punish serious violent crimes such as homicide, robbery, kidnapping, and explosion, organize relentless campaigns against crimes that the people are most concerned about, such as telecommunications and Internet frauds, environmental pollution, and activities that endanger food or drug safety, and make people feel safer and more secure. In addition, the people's courts shall actively participate in innovations on social governance, strengthen efforts to analyze and study the “civil-turned-criminal” cases, offer judicial suggestions on risk prevention and control, and promote the construction of a prevention and control system for public security. 牢固树立总体国家安全观,坚持底线思维,增强忧患意识,提高风险防控能力,严厉打击各种渗透颠覆破坏、暴力恐怖、民族分裂、宗教极端犯罪,依法惩治各类刑事犯罪,坚决维护国家政治安全特别是政权安全、制度安全。贯彻依法严惩方针,咬定扫黑除恶目标不放松,紧盯涉黑涉恶重大案件不放,紧盯“关系网”“保护伞”不放,紧盯黑恶势力经济基础不放,在依法严惩、深化打击、深挖幕后、综合整治上持续发力,探索源头治理、系统治理长效机制,力求依法打深打透、除恶务尽。依法严惩杀人、抢劫、绑架、爆炸等严重暴力犯罪,严厉打击电信网络诈骗、污染环境、危害食品药品安全等群众反映强烈的犯罪,切实增强人民群众安全感。积极参与社会治理创新,加大对“民转刑”案件的分析研判,积极提出防控风险的司法建议,促进社会治安防控体系建设。
III. Serving and safeguarding the supply-side structural reform   三、依法服务保障供给侧结构性改革
The people's courts shall earnestly fulfill the requirements for consolidating, strengthening, improving and expediting the supply-side structural reform, and play an active part in serving and deepening the reform. The people's courts shall take prudent steps to hear bankruptcy cases, and push forward the improvement of relief and withdrawal systems and mechanisms for market participants. They shall persist in specialized and market-oriented trials on bankruptcy cases based on laws and information technologies, protect the legitimate rights and interests of all parties concerned, and support enterprises in competing with each other and standing out in the fierce market. The people's courts shall also recognize the differences of enterprises and apply specific policies to them; and shall, for those mired in financial problems but still having a promising future, adopt the procedures for bankruptcy reorganization and bankruptcy reconciliation so as to promote optimal combination of factors of production and transformation and upgrading of enterprises, revitalize the operation of enterprises, and make the market resource allocation more efficient. In addition, the people's courts shall explore the system of separating complex bankruptcy cases from simple ones, and include simple bankruptcy cases that meet certain conditions in the scope of rapid trials. The system of centralized and unified jurisdiction over bankruptcy cases shall be improved; the enforcement cases that are transferred for bankruptcy review shall be properly handled to realize a good work pattern in which “what is enforceable will be enforced according to the law, and where overall enforcement is impossible and where the statutory conditions for bankruptcy are satisfied, bankruptcy will be enforced according to the law”. The specialized trial system for bankruptcy cases shall be advanced, and the construction of bankruptcy courts shall be accelerated, so as to strengthen the capability of hearing bankruptcy cases and improve the quality and efficiency in the trial of bankruptcy cases. The development of bankruptcy-related laws and supporting systems shall be enhanced, law-making on personal bankruptcy shall be encouraged, the establishment of associations of insolvency administrators shall be supported, the establishment of special funds for bankruptcy costs shall be promoted, and a mechanism of regular coordination between administrative authorities and judicial organs shall be built. The people's courts shall prudently hear the cases involving advanced manufacturing as well as various new transactions, new modes and new business forms, accurately apply adjudicative criteria, boost the reduction of enterprise costs in bankruptcy cases, support enterprises in shifting from relying on old driving forces to seeking new ones, and help them upgrade the industry chain. 认真落实“巩固、增强、提升、畅通”八字方针要求,积极服务深化供给侧结构性改革。依法稳妥审理破产案件,推动完善市场主体救治和退出制度机制。坚持破产审判市场化、法治化、专业化、信息化方向,依法保护各方主体合法权益,促进企业优胜劣汰。坚持精准识别、分类施策,对陷入财务困境但仍具有发展前景和挽救价值的企业,积极适用破产重整、破产和解程序,促进生产要素优化组合和企业转型升级,让企业重新焕发生机活力,让市场资源配置更加高效。探索破产案件繁简分流机制,将符合条件的简单破产案件纳入快速审理范围。完善破产案件集中统一管辖制度,及时妥善处置“执转破”案件,实现“能够执行的依法执行,整体执行不能符合破产法定条件的依法破产”良性工作态势。推进破产审判专业化建设,加快破产法庭建设,增强破产审判能力,提升破产案件审判质效。积极推动完善破产法制及配套机制建设,推动个人破产立法,推动成立破产管理人协会,推动设立破产费用专项基金,推进建立常态化“府院联动”协调机制。依法稳妥审理涉及先进制造业以及各类新交易新模式新业态案件,精准把握裁判尺度,推动降低企业成本,服务新旧动能转换和提升产业链水平。
IV. Intensifying efforts in judicial protection for intellectual property rights 爬数据可耻  四、加大知识产权司法保护力度
The people's courts shall strengthen the protection of core technologies and leading scientific and technological achievements such as Internet, big data, artificial intelligence, block-chain, operating system, integrated circuit, and clean energy, heighten the protection of innovative scientific and technological achievements such as key generic technologies, cutting-edge leading technologies, modern engineering technologies, and step up the protection of intellectual protection rights for major core technologies in manufacturing sector. Technological innovations shall be supported through fair trials, manufacturing enterprises shall be guided in realizing industrial upgrades through technological progress and scientific innovations, and market participants shall be encouraged to improve their competitiveness through innovations. The protection of famous brands shall be strengthened, dishonest acts such as malicious squatting, free-riding, and counterfeiting of others' trademarks shall be severely clamped down, and the environment for market competition shall be further optimized. Acts of unfair competition such as trade secret infringement shall be prevented, the application of anti-monopoly law

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in Internet and digital economy shall be expedited, and a fair, orderly and dynamic market environment shall be created. The infringement compensation system that reflects the value of intellectual property rights shall be established and improved, the role of the punitive damages system shall be maximized, and the prices of infringing upon intellectual property rights shall be further increased. The reform of “three-in-one” trial of civil, criminal and administrative cases regarding intellectual property rights shall be further advanced, the policy of combining leniency with rigidity in criminal penalty shall be exactly followed and implemented, the relations between civil and criminal trials on intellectual property rights shall be properly handled, and the deterrent role of criminal trials in protecting intellectual property rights shall be fully harnessed. The distribution of jurisdiction over intellectual property rights cases shall be constantly optimized, the rules of evidence shall be upgraded, and the special procedure law regarding the legal proceedings for intellectual property rights shall be studied and developed. The people's courts shall strengthen international judicial exchanges and cooperation in the protection of intellectual property rights, actively participate in establishing international rules of intellectual property protection, advance the reform on the international intellectual property governance system, continuously improve the credibility and influence of intellectual property protection in China, and strive to build China into a model of intellectual property protection as well as the world's first choice for the trial of intellectual property rights cases.
......
 加强对互联网、大数据、人工智能、区块链、操作系统、集成电路、清洁能源等核心技术和前沿领域技术成果的保护,加强对关键共性技术、前沿引领技术、现代工程技术、颠覆性技术创新等创新程度高的科技成果的保护,加强对制造业领域关键核心技术知识产权的保护。通过公正裁判激励科技创新,促进制造业企业通过技术进步和科技创新实现产业升级,鼓励市场主体通过创新提升核心竞争力。强化知名品牌保护,严厉打击商标恶意抢注、攀附、仿冒等不诚信行为,进一步净化市场竞争环境。依法制止侵犯商业秘密等不正当竞争行为,加快完善互联网领域、数字经济领域的反垄断法适用,营造公平有序、充满活力的市场环境。建立健全体现知识产权价值的侵权损害赔偿制度,充分发挥惩罚性赔偿制度作用,进一步加大侵犯知识产权行为违法成本。深入推进知识产权民事、行政和刑事案件审判“三合一”机制改革,准确把握和贯彻宽严相济刑事政策,正确处理知识产权民事和刑事审判之间的关系,充分发挥刑事审判保护知识产权的威慑作用。持续优化知识产权诉讼管辖布局,完善证据规则,研究制定知识产权诉讼特别程序法。加强知识产权保护国际司法交流合作,积极参与构建国际知识产权保护规则,推动国际知识产权治理体系变革,不断提高我国知识产权保护的公信力、吸引力和影响力,努力把我国建设成为知识产权保护的典范和世界知识产权诉讼优选地。
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