The Supreme People's Court of China issued the Opinions on the People's Courts Providing Judicial Services and Guarantees to the Construction of China (Beijing) Pilot Free Trade Zone and Integrated National Demonstration Zone for Opening up the Services Sector (hereinafter referred to as "Opinions") on March 26, 2021. The Opinions, with a tight focus on main features of science and technology innovation, opening-up of the service sector, and digital economy during the construction of the "Two Zones", also places an emphasis on improving innovation and capacity building for the court trial mechanism in such key areas as intellectual property and financial services. Doing this will provide adequate judicial services and guarantees to build Beijing into an exemplary city in China.
The Opinions emphasizes that in regards to science and technology innovation, opening-up of the service sector, and digital economy, courts in Beijing should advocate for the construction of the Beijing International Science and Technology Innovation Center, Integrated National Demonstration Zone for Opening up the Services Sector, and Digital Economy Pilot Zone by improving judicial protection of the digital economy and key service businesses such as intellectual property and finance. In doing so, this will allow them to play a leading role across the nation. The Opinions point out that intellectual property circuit courts should be set up in major parks. Pilot work for the first instance of computer software contract disputes under the jurisdiction of some of the basic people's courts in Beijing should be explored.
The Opinions also stresses Beijing characteristics. It mandates that courts improve governance at the source of litigation and strive to resolve disputes at the source and at the grassroots level for the sake of maintaining the safe and stable rule of law in Beijing. Regarding Beijing’s position as a center for international exchanges, the Opinions mandates that Beijing utilize the ample research it has done towards foreign rule of law to its full extent to promote the building of relevant functions. At the same time, in consideration of the construction of the "Two Zones", the scope of centralized jurisdiction over foreign commercial cases should be optimized and adjusted. Courts in Beijing should strengthen the construction of the one-stop multiple disputes settlement center for international commercial cases. It should also introduce renowned international commercial arbitration institutions and mediation organizations in order to learn from their international experience when it comes to the regulation of dispute settlement and management of related institutions. Doing so will allow for the creation of a world-class international commercial dispute settlement center.
The Opinions also mentions that it will be necessary to shape the "Beijing template" of reform and opening up. This will be done by exploring to involve residents of Hong Kong, Macao, and Taiwan in case trials as jurors for the people, and encouraging mediators from foreign countries as well as Hong Kong SAR, Macao SAR, and Taiwan to participate in the dispute settlement.
(Note: Content source is from Beijing Daily.)