“The Belt and Road” strategy has decisive significance for constructing China's new open economy system, and has become the "offensive move" and breakthrough for China to implement comprehensive opening-up strategy. For three years, “the Belt and Road” initiative has made brilliant achievements. It has been responded by over 100 countries, and has facilitated over 40 countries and international organizations to sign cooperation agreements with China. 

Just and efficient judicial guarantee is an essential factor for the healthy development of “the Belt and Road” construction. Recently, Zhang Yongjian, Director of the Fourth Civil Division of the Supreme People’s Court, PRC was interviewed by Legal Daily, and introduced the achievements and progress made by SPC in providing judicatory guarantee for“ the Belt and Road”construction.

A number of judicial interpretations have improved the guarantee.

Journalist of Legal Daily: What’s the role of people’s courts in the judicatory guarantee of “the Belt and Road” strategy? What has been achieved?

Zhang Yongjian : The role of people’s courts in the judicatory guarantee of “ the Belt and Road” strategy is very important and crucial. The role of judicatory guarantee is at least reflected in two aspects, namely, to create a fair, just and sustainable business environment for “the Belt and Road” construction; create a harmonious, stable, open and inclusive social environment for “the Belt and Road” construction.

Facing the urgent demand of “the Belt and Road” strategy for judicial practice, SPC released“Several Opinions on People’s Court in Providing Judicial Service and Guarantee for “the Belt and Road Construction” on Jul 8, 2015, to make comprehensive supporting and design for people’s court in providing judicatory guarantee, and has achieved many breakthroughs in more than a year.

SPC released Provisions of SPC on the Scope of Accepting Cases of Maritime Court, and Provisions of SPC on Maritime Litigation Jurisdiction, revised and expanded the scope of accepting cases of Maritime Court, separated disputes concerning the exploitation and utilization of oceans and navigable waters and environmental protection, highlighted the functions of Maritime Court in regulating the exploitation and utilization order of oceans and navigable waters and environmental protection; Released two Provisions on Several Issues of the Trial of Relevant Cases Happened in Waters under China's Jurisdiction, further clarified the judicial jurisdiction of people's court as coastal state court over waters under China's jurisdiction, and provided a clear legal basis for maintaining the order of Maritime Silk Road, maritime security and maritime rights and interests in accordance with the law. Independent Guarantee is a financial guarantee instrument matched with “the Belt and Road” strategy, however, it lacks of relevant domestic legislation provisions. SPC released Provisions on Several Issues of Hearing Independent Guarantee Disputes in November 2016, which respected the autonomy of market entities, encouraged and supported financial innovation, and learned from international trading rules. It explicitly recognized the validity of Independent Guarantee issued by financial institutions for the first time, determined the judgment rules for hearing Independent Guarantee disputes, thus to provide a sound and perfect judicatory guarantee for the construction of “the Belt and Road” financial artery.

SPC has made full use of information technology to build big data platforms, to establish extraterritorial legal database, expert database and case database, and establish and perfect the legal identification mechanism for countries along“ the Belt and Road”; it released Opinions on Providing Judicatory Guarantee for the Construction of Free Trade Zone on Dec 30, 2016, targeting at new practices such as Free Trade Zone negative list, pre-establishment national treatment, reform of the business system etc., to strengthen business guidance, clarify rules in a timely manner and vigorously promote the development of a new type of diversified trading format.

Since 2015, in line with the new demand for justice proposed by the development of arbitration industry under the background of “the Belt and Road” construction, SPC released and implemented Provisions on Recognition and Enforcement of Arbitration Awards in Taiwan and other judicial interpretations, to encourage and support the development of arbitration, and promote international arbitration to play an important role in “the Belt and Road” construction.

Besides, by construction of “smart court”, SPC has satisfied the new requirements of “the Belt and Road” strategy for the modernization of foreign-related judicial capacity. Through talent training, it has promoted the scientific development of foreign-related commercial and maritime trial teams; In July 2015, it formally established “the Belt and Road” Judicial Research Center, and appointed 44 famous jurists and foreign-related trial practice experts at home and abroad as researchers, to play a role of “external brain” think tank, and promote the theoretical research of “the Belt and Road” strategy. 

Implement foreign-related cases high-quality strategy

Journalist of Legal Daily: Could you please introduce the basic situation of foreign-related cases in 2016? What were the characteristics?

Zhang Yongjian: Foreign affairs are not only the external window of China's judicial system, but also the“barometer”of China's open economy.

In 2016, the number of concluded first instance, second instance and retrial cases, and executed foreign-related cases by people’s courts at all levels was 25,916, with a year-on-year increase of 9.38%, among which, there were 1,061 criminal cases, 19,200 civil and commercial cases, 3,629 administrative cases, and 2,026 carry cases.

Journalist of Legal Daily: You just talked about strengthening the construction of foreign-related cases high-quality strategy and spreading the positive energy of China’s justice, how is the work going?

Zhang Yongjian:  People’s courts at all levels have concluded cases involving countries along “the Belt and Road” and having significant influences. Representative cases include dispute of Archangelos Gabriel salvage contract, dispute of contract for international sales of goods of Thyssenkrupp Metallurgical Products GmbH, dispute of Letter of Guarantee fraud of Jiangsu Taihu Boiler Co., LTD etc.

People's courts have exercised the right of jurisdiction in accordance with the law, accurately applied international conventions, correctly interpreted relevant terms of domestic laws, equally protected the legal rights and interests of Chinese and foreign parties, strongly guaranteed the smooth and order of Silk Road Economic Belt and Maritime Silk Road, and have also provided examples for international judicial circle to deal with similar cases. The proportion that the parties' agreed to choose China's court for lawsuit to solve disputes has been on the rise continuously, and Chinese and foreign parties' trust in China's judicial environment and the level of investment protection has also been increasing constantly.

Continue to strengthen international judicial cooperation

Journalist of Legal Daily: The construction of the legal environment of “the Belt and Road” strategy is inseparable from the joint participation of all countries. What are the measures of people’s courts in strengthening international judicial cooperation? 

Zhang Yongjian: The year 2016 can be called a bumper year of international judicial cooperation. SPC has taken the initiative to establish long-term judicial exchange and cooperation mechanism with countries along “the Belt and Road”, and has achieved rich results. 

Firstly, we have actively negotiated and signed a number of judicial exchange and cooperation documents. Since 2015, SPC has signed exchange of notes and memorandum of understanding on bilateral judicial cooperation with the supreme courts of nine countries, including the United Kingdom, Portugal, Australia and Republic of Korea, among which the exchange of notes of judicial exchange and cooperation signed with the United Kingdom and Australia are the first cooperation documents signed by the courts of the two countries with a foreign country in the history. 

SPC took the lead to publish Conference of Presidents of Supreme Courts of China and Central and Eastern European Countries Suzhou Consensus and the Forum on the Rule of Law in Cyberspace -Smart Court at the Third World Internet Conference Wuzhen Consensus, participated in signing Joint Declaration of Conference of Presidents of Supreme Courts of Shanghai Cooperation Organization Member State and the Colombo Declaration at Round Table Conference of Chief Justices of Asia Pacific Region, to continuously deepen judicial cooperation, strengthen mutual trust basis and consolidate mechanism guarantee.

Secondly, we have innovated international judicial assistance. International judicial assistance affairs include the delivery of judicial documents by mutual entrustment between China and foreign countries, investigation and evidence collection, mutual recognition and enforcement of judicial decisions, arbitration awards etc. On Jan 1, 2016, we have opened an international judicial assistance information management platform connecting the network of four levels of courts. All judicial assistance requests can be transmitted, examined and processed online through the whole process in courts at all levels, which has effectively improved the efficiency of judicial assistance. A total of 2,967 international judicial assistance cases were handled in 2016, an increase of 34.25% from 2015.

Thirdly, we have strengthened international exchanges and professional training for judges. By continuously strengthening international judicial cooperation, it is possible to increase mutual trust, improve the international influences of China’s judicial system, and enhance the international credibility of China’s judicial system, thus to provide a sound judicial guarantee for “the Belt and Road” construction.

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*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.