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Zhou Hanmin: Strive to Achieve the Continuous Improvement of China's International Commercial Legal Environment

From:          Updated: 2020-12-23   

Editor's Note: The Second Seminar of the International Commercial Expert Committee and the Appointment of New Members of the International Commercial Expert Committee  concluded successfully on December 8, 2020. The theme of this seminar is the Latest Developments of International Commercial Dispute Resolution Mechanism and the Research on Relevant Issues on International Law. The participants, on site or virtually, discussed the Development of International Commercial Dispute Resolution Mechanism: New Situation and New Challenges and the Research and Application of International Law Related Issues in the Post-Pandemic Era, respectively. The speeches of the Standing Committee of the Chinese People's Political Consultative Conference, vice-chairman of China National Democratic Construction Association, dean of the Shanghai Institute of Socialism Zhou Hanmin would be posted on the CICC's website.


Strive to Achieve the Continuous Improvement of China's International Commercial Legal Environment

Standing Committee of the Chinese People's Political Consultative Conference, 

Vice-Chairman of China National Democratic Construction Association, 

Dean of the Shanghai Institute of Socialism  Zhou Hanmin


Dear President Zhou Qiang of the Supreme People's Court, dear members of the International Commercial Expert Committee, and colleagues in the legal profession:


Today, the Supreme People's Court held the Second Seminar of the Appointment of New Members of the International Commercial Expert Committee. I am honored to be appointed. In the future, I will do my best to contribute to the reform, opening-up and legal construction of China.


Reform and opening-up of China is a profound social revolution. On 18th December 2018, President Xi Jinping delivered a keynote speech at the conference marking the 40th anniversary of reform and opening-up and pointed out that reform and opening-up is the second revolution that has already profoundly changed China and affected the world. From my point, these changes are reflected not only in economic construction area, but also in political construction area, where legal construction is one of the important topics. We all emphasize that a good business environment is necessary for further reforms. According to the World Bank's "Doing Business 2018: Comparing Business Regulation in 190 Economies", the business environment of China ranks 78th among the 190 economies which have been tracked for a long time. The Party Central Committee with Comrade Xi Jinping at its core concerned about this and requires us to improve the business environment. By 2019, the business environment of China has made significant progress where it rise to 46th in the Report of World Bank and further raised to 31st in 2020. However, improving the business environment is an on-going process, it can always be better.


The 10 fields for the ratings in the Repot of World Bank cannot fully cover and reflect the whole business environment. From my personal perspective of view, the business environment mainly refers to the relevant rules concerning the operation of a company from the establishment to the bankruptcy, in the context of market economy. As repeatedly stressed by President Xi, rule of law is the best business environment. The business environment should consist of five elements: political factors, which mean a stable and transparent policy environment, economic factors, which equal to an active and orderly business environment, tolerance and diversity cultural, fairness and justice society and rule of law, which should be sound and progressive. In summary, the political, economic, cultural, and social environment ultimately settles on the rule of law. Scientific legislation proposed by The Party Central Committee is an extremely crucial measure to create the rule of law. Upon scientific legislation, there must be fair justice, strict law enforcement, and law-abiding by the people. In order to strengthen the construction of the international commercial courts, the Supreme People's Court appointed two batches of members of the international commercial expert committee. It is of necessity to provide judicial services and guarantee to construct stable, fair, transparent, and convenient business environment based on rule of law. At the same time, this is also an important measure to implement fair justice. Appointed to be an expert in international commercial committee is not only an encouragement to us but also trust in us.


I have engaged in international commercial arbitration for more than 30 years. Today, the  improvement of legal environment of China, scientific legislation, strict law enforcement and law-abiding by the people impressed me. Regarding the international commercial mediation, we must talk about the "United nations Convention on International Settlement Agreements Resulting from Mediation" ("Singapore Convention on Mediation"), which China has already singed. In terms of international commercial arbitration, we must talk about the accession of China to the "Convention on the Recognition and Enforcement of Foreign Arbitration Awards" ("the New York Convention") in the 1980s. At that time, this was critical to the reform, opening-up of China and the use of foreign capital. On January 1st, 2021, the "Civil Code of the People's Republic of China" will be implemented. At the same time, the Arbitration Law will be revised in the future. All of these provide a strong legal guarantee for the establishment of an international commercial dispute settlement mechanism.


As an expert committee member, I will definitely perform my duties in a conscientious and fair manner. This is my expectation and my respect for this honor. I sincerely appreciate the Supreme People's Court for its respect. I will definitely work hard. Thanks.



Related Links: 【新聘专家感言二】周汉民:为中国国际商事法治环境的不断改善而努力奋斗


 

*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.