Editor’s Note: The Fourth Seminar of the International Commercial Expert Committee of the Supreme People’s Court and Reappointment (New appointment) Ceremony of Expert Members was held successfully on September 25, 2024. Over 40 experts from more than 20 countries and regions focused on the theme of the “Collaborative Dialogue, Diverse Integration, Peaceful Development” during the seminar. Extensive and in-depth discussions were held within the framework of four specific issues. The texts of opening ceremony speeches delivered by the members of expert committee would be posted on the CICC’s website. 

ADDRESS AT THE FOURTH SEMINAR OF THE INTERNATIONAL COMMERCIAL EXPERT COMMITTEE OF THE SUPREME PEOPLE’S COURT OF CHINA

HUANG Huikang

Distinguished Professor of Wuhan University

Former Chinese Ambassador to Malaysia

Honorable President Zhang Jun,

Distinguished guests, experts,

Dear colleagues,

Ladies and gentlemen:

Good Morning！It is indeed an honor for me to attend and address the Fourth Seminar of the International Commercial Expert Committee of the Supreme People’s Court. First of all, please allow me to express my heartfelt gratitude to President Zhang Jun and the leadership of the Supreme People’s Court for valuing the work of the Expert Committee and trusting its members.

Today, I would like to share with you some my views on how to enhance the quality and efficiency of foreign-related judicial adjudication and provide a strong judicial safeguard for high-level openness.

The establishment of the China International Commercial Court (CICC) and its International Expert Committee by the Supreme People’s Court represents a major institutional innovation in improving China’s international commercial dispute resolution mechanism and a powerful measure to accelerate the modernization of foreign-related adjudication.

Over the past six years, CICC has made valuable explorations in promptly and impartially adjudicating international commercial cases in accordance with the law, equally protecting the legitimate rights and interests of Chinese and foreign parties, and creating a stable, fair, transparent, and convenient business environment governed by the rule of law. Remarkable achievements have been made, and the Expert Committee has actively played its role as an international legal think tank, which is commendable.

However, I have to say that the mission of modernizing foreign-related adjudication has yet completed, and the task of reform is still very heavy.

The Third Plenary Session of the 20th CPC Central Committee has made strategic plans to strengthen the rule of law in foreign-related matters, providing direction and fundamental guidance for further enhancing the legal system and capacity-building, including foreign-related judicial mechanisms under the new circumstances.

We must:

--- take the realization of Chinese path to modernization as the biggest political priority of China at present,

--- build the modern socialist country on the track of the rule of law, through giving a better play to the role of the rule of law in consolidating foundations, ensuring stable expectations, and delivering long-term benefits, and

--- promote foreign-related legislation, law enforcement, administration of justice, observance of the law and legal services as a whole in a coordinated manner, with a view to forming a grand collaborative pattern in the field of foreign-related rule of law.

These “Three Imperatives” are new major assertions by General Secretary Xi Jinping based on a deep understanding of the new trends and changes in domestic and international dynamics, which should be studied and understood thoroughly.

I firmly believe that the advancement of great rejuvenation of the Chinese nation on the track of rule of law is the only way for China to realize its path to modernization; coordinating the promotion of domestic and foreign-related rule of law is a requirement of the times, while improving the foreign-related adjudication system and enhancing the quality and efficiency of foreign-related judicial adjudication are fundamental strategies for providing judicial services and guarantees for high-level openness.

Therefore, we must establish a working mechanism, under the guidance of Xi Jinping’s Thought on the Rule of Law and in accordance with the requirements of the Third Plenary Session of the 20th CPC Central Committee, that promotes overall coordination, facilitates departmental collaboration, engages all relevant parties, and ensures high efficiency, thereby forming a grand collaborative framework for foreign-related rule of law.

My specific recommendations are as follows:

In terms of foreign-related legislation, we should take the institutional construction as a core priority, put legislation in first place, take a problem oriented approach, and make full use of four measures of enactment, amendment, abolition and interpretation of law simultaneously, with a view to establish a comprehensive and complete legal system for foreign-related matters as soon as possible.

It is crucial to focus on addressing shortcomings and strengthening weak areas, in particular, to push forward the enactment or amendment of certain specific foreign-related laws and regulations as well as judicial interpretations which are urgently needed for protecting national sovereignty, security, and development interests, and for advancing high-level openness.

In the area of foreign-related law enforcement, we should undertake persistently to build a fair, efficient and authoritative system for implementing of foreign-related laws. It is true that the vitality and authority of law lie in its implementation. Currently, a prominent problem in this regard is the insufficient judicial credibility in foreign-related matters. Many Chinese and foreign parties still heavily favor selecting foreign or offshore arbitration institutions and courts, as well as foreign governing laws, when negotiating dispute resolution clauses. Hence, it is imperative to deepen reforms in the foreign-related judicial system, improve mechanisms for selecting applicable laws and jurisdictions in foreign-related civil matters, and enhance the system for international commercial arbitration and mediation. A sound oversight system for foreign-related law enforcement, prosecutorial, and judicial powers must be built to improve judicial efficiency and credibility.

With regard to the law compliance overseas, we need to strengthen the compliance awareness and the reverence of people for the law. All Chinese enterprises and citizens who are going global should be actively guided to consciously abide by the laws and regulations of the host country and local customs. Enterprises need also to improve their internal risk assessment, compliance review, and damage control mechanisms, moving the safeguarding threshold of preventing investment risks forward, so as to ensure that all business and management activities are in compliance with the law and regulations. They should also be encouraged to better use legal means to safeguard their legitimate rights and interests, including by further strengthening and improving the system of corporate legal counsel, and reaching agreement on dispute resolution methods and applicable laws in advance.

In the field of foreign-related legal services, we should improve industry policies, regulate the legal service market, and steadily promote the opening-up of legal services industry to the outside world. We need to cultivate a number of first-class international commercial arbitration institutions and foreign-related legal service firms, creating a comprehensive service chain with law firms as the core, including but not limited to notarization, accounting, taxation, auditing, translation, customs, intellectual property rights, judicial identification and dispute resolution, thereby enhancing its international competitiveness.

As for training foreign-related legal personnel, we should, as required by General Secretary Xi Jinping, attach great importance to cultivate and build a large number of high-quality foreign-related legal professionals, who will have qualifications of holding firm political stance, excellent professional qualities, rich knowledge of international rules, and proficiency in foreign-related legal practice. For this purpose, efforts should be made to strengthen the construction of legal disciplines, enhance the quality of law education with the practice-oriented and improve the legal training for in-service foreign-related officials.

In terms of international judicial cooperation, we should strengthen the security chain based on the rule of law to protect China’s overseas interests, carry out comprehensive and efficient international law enforcement and judicial cooperation, including fugitive repatriation and asset recovery and anti-corruption, and promote the global governance towards greater fairness and justice.

In conclusion, foreign-related rule of law is an important part of a nation’s core competitiveness. To achieve the goal of becoming a leading modern socialist power with comprehensive national strength and international influence, China must adhere to the coordinated promotion of domestic and foreign-related rule of law and strengthen the legal system and judicial adjudication in foreign-related matters to provide strong judicial safeguards for high-level openness.

Thank you for your kind attention.

*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.