Standing Committee of the National People's Congress: According to the arrangements of this meeting, I will report on behalf of the Supreme People's Court's foreign-related trial work since the 18th National Congress of the Communist Party of China. Please review it.

Report of the Supreme People's Court on the work of the people's courts

Foreign-related trials

——On October 28, 2022, at the 37th meeting of the Standing Committee of the 13th National People's Congress

President of the Supreme People's Court Zhou Qiang

Standing Committee of the National People's Congress:

According to the arrangements of this meeting, I will report on behalf of the Supreme People's Court on behalf of the Supreme People's Court on the 37th meeting of the People's Court's foreign-related trials since the 18th National Congress of the Communist Party of China, please review it.

Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping as the core has attached great importance to foreign-related rule of law work. General Secretary Xi Jinping delivered a series of important speeches on strengthening foreign-related rule of law work, clearly proposing to coordinate the promotion of domestic and foreign-related rule of law, pointing out the direction and providing fundamental guidelines for comprehensively strengthening foreign-related rule of law work in the new era, and promoting my country's foreign-related rule of law construction to achieve historic achievements. my country's foreign-related legal system has been continuously improved, the quality and efficiency of foreign-related law enforcement and judicial work has been continuously improved, the foreign-related legal guarantee and legal service work has achieved obvious results, and the team of foreign-related legal talents has grown day by day, creating a new situation in the construction of foreign-related legal rule of law in the new era, providing solid legal guarantees for safeguarding national sovereignty, security, and development interests.

Foreign-related trial work of the people's court is an important part of foreign-related rule of law work. It mainly hears cases with foreign factors such as parties, subject matter, legal facts, etc., covering various trial areas such as criminal, civil and commercial, maritime, intellectual property rights, and administration, as well as international judicial assistance cases such as the recognition and execution of foreign court judgments and foreign arbitration awards. Since cases involving Hong Kong, Macao and Taiwan are generally handled in accordance with foreign-related trial procedures, the relevant work situation is reported together this time. The healthy development of foreign-related trial work is of great significance to safeguarding national sovereignty, security, and development interests, creating a market-oriented, law-based and internationalized business environment, building a new open economy system with higher level, promoting the construction of a new type of international relations with mutual respect, fairness and justice, and win-win cooperation, and promoting the modernization of the national governance system and governance capabilities.

Since the 18th National Congress of the Communist Party of China, with the continuous advancement of my country's high-level opening up to the outside world, foreign-related trial work has shown the following new characteristics: First, the number of cases has increased significantly. The first-instance foreign-related civil and commercial cases accepted by courts across the country increased from 14,800 in 2013 to 27,300 in 2021. Second, new types of cases are constantly emerging. With the deepening of economic development, scientific and technological progress, and international division of labor, new types of disputes involving cross-border e-commerce, cross-border bankruptcy, cross-border mergers and acquisitions of enterprises and assets, investment in financial derivatives, and waybills of China-Europe Express are emerging. It is urgent to clarify transaction rules, regulate behavioral boundaries, and balance the rights and interests of all parties. Third, the difficulty of case trial is increasing. There are more cases of international conflicts of jurisdiction arising from the same dispute involving parallel litigation of multiple countries, and more cases involving international treaties, international practices and the application of according to the law, and issues such as jurisdiction and law are becoming more and more complicated. Fourth, the influence of the case is increasing. The parties involved have covered more than 100 countries and regions around the world, and the domestic and international attention has increased significantly, playing an important role in the overall situation of China's diplomatic work and shaping its international image. The people's courts have conscientiously implemented the requirements of coordinating the promotion of domestic rule of law and foreign-related rule of law, unswervingly implemented the basic national policy of opening up to the outside world, and accelerated the modernization of the foreign-related trial system and trial capabilities. The country and region covered by my country's foreign-related trials have been continuously expanded. The number of cases in which overseas parties actively choose the jurisdiction of Chinese courts has increased. The judgments of our courts have been recognized and enforced by more and more countries, and the role played in participating in the formulation of international rules has become more prominent. The international credibility and influence of foreign-related justice have continued to increase, which has effectively conveyed China's firm determination to remain unstoppable in the new era of reform and opening up, and has shouldered an increasingly important historical mission in the new journey towards the second centenary goal.

1. The situation and results of foreign-related trial work since the 18th National Congress of the Communist Party of China

Under the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core, and under the strong supervision of the National People's Congress and its Standing Committee, the People's Court adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implements Xi Jinping's thought on the rule of law, deeply understands the decisive significance of the "two establishments", strengthens the "four consciousnesses", and firms up the " Four self-confidence ”, achieve the "two safeguards", firmly adhere to the Party’s absolute leadership over judicial work, unswervingly follow the path of socialist rule of law with Chinese characteristics, closely focus on the goal of “strive to make the people feel fairness and justice in every judicial case”, adhere to serving the overall situation, serving the people for justice, and just justice, hearing all kinds of foreign-related cases fairly and efficiently in accordance with the law, deepening the reform of the foreign-related trial mechanism, strengthening the construction of the foreign-related trial team, and continuously improving the quality and efficiency of foreign-related trials. From 2013 to June 2022, courts at all levels concluded 384,000 cases involving various foreign-related, Hong Kong, Macao and Taiwan. By giving full play to the role of foreign-related trial functions, judicial services will be provided for accelerating the construction of a new development pattern and achieving higher level of opening up to the outside world.

(I) Fully implement overall national security concept , and effectively safeguard national sovereignty, security, and development interests

. Foreign-related trial work is planned and promoted in coordinating the two major issues of domestic and international situations and handling the two major issues of development and security, and resolutely safeguarding national sovereignty, security, and development interests.

severely punish foreign-related crimes in accordance with the law. Severely crack down on infiltration, sabotage, subversion and separatist activities of hostile forces, severely punish crimes such as subverting the state power and inciting separatist countries in accordance with the law, and resolutely safeguard national political security, especially regime security and institutional security. Severely crack down on crimes such as transnational cross-border drugs, telecommunications and network fraud, population smuggling, gambling and money laundering. Actively cooperate to pursue fugitives and stolen assets overseas, issue judicial interpretations to improve the confiscation procedures for the confiscation of illegal gains in cases of escape and death, so that corrupt elements have nowhere to hide and nowhere to hide illegal gains. Strictly standardize foreign-related criminal trials, implement full coverage of lawyer defense for foreign defendants, and effectively strengthen judicial protection of human rights.

protects our overseas investment interests in accordance with the law. In accordance with the law, my country's "going global" enterprises are tried foreign-related civil and commercial cases in infrastructure construction, economic and trade exchanges, industrial investment, cargo transportation, etc., accurately define the rights and obligations of the parties, and serve to respond to overseas interests, risks and challenges. Formulate judicial interpretations for hearing independent letter of guarantee disputes, unify independent letter of guarantee transaction rules, and ensure that my country's financial institutions and enterprises participate in international economic cooperation in an orderly manner.

(II) Actively create a market-oriented, law-based and internationalized business environment, serve a higher level of opening up to the outside world, always be a firm supporter and firm practitioner of reform and opening up , adhere to the principle of equal protection in accordance with the law, ensure equal litigation status and litigation rights of Chinese and foreign parties, equal application of law and protection of law, and actively create a market-oriented, law-based and internationalized business environment.

equally protects the legitimate rights and interests of Chinese and foreign investors in accordance with the law. Fully implement the Foreign Investment Law and its Implementation Regulations, formulate and improve supporting judicial interpretations, and the trial of disputes between foreign-invested enterprises has entered a new stage with "one law, one regulation, two interpretations" as the main normative system. Establish a centralized trial mechanism for disputes between foreign-invested enterprises to promote the improvement of the quality and efficiency of trials through professionalism. Trial cases involving shareholder qualification confirmation disputes and other disputes between foreign-invested enterprises in accordance with the law, and fully implement the pre-entry national treatment plus negative list system to help stabilize market expectations of Chinese and foreign investors.

serves the construction of free trade pilot zone and free trade port . Formulate opinions on further expanding opening up to the outside world and the construction of free trade pilot zones, Hainan Free Trade Port , Shanghai Lingang New Area, and Beijing's "two zones", and release 10 typical cases of service guarantee free trade pilot zones and 12 highlight measures to optimize the legal environment of free trade pilot zones and Hainan Free Trade Port. Courts in various places have actively explored the establishment of special trial institutions or trial organizations in free trade pilot zones and launched a number of reform and innovation results.The "Enterprise Delivery Information Sharing Mechanism" of Pingtan Court in Fujian and the "Innovation of One-stop Dispute Resolution Mechanism for Foreign-related Commercial Litigation, Arbitration and Mediation" of the Chongqing Liangjiang New District (Free Trade Zone) Court was selected as the pilot reform experience and "Best Practice Cases" of the State Council's Free Trade Pilot Zone. The "One-stop, Integrated, Full-chain Diversification Mechanism for Financial Disputes" was selected as the "Best Practice Cases" of the National Comprehensive Demonstration Zone for Expanding the Opening of Service Industry in the Ministry of Commerce.

maintains a fair and competitive market order. Provisions on the application of the Enterprise Bankruptcy Law, opinions on providing judicial guarantees for improving the business environment, and judicial interpretations and normative documents such as the National Court Civil and Commercial Trial Work Conference, unify the application standards of legality, and enhance judicial transparency and predictability. Establish Shanghai Financial Court , Beijing Financial Court , Chengdu-Chongqing Financial Court with high starting point and high standards to improve the professionalization of financial trials. Implement the provisions of the new securities law outside the region, and implement cross-regional centralized jurisdiction over securities, futures disputes and other financial disputes that damage the legitimate rights and interests of domestic investors by overseas listed companies and other overseas financial products and financial service providers.

serves to coordinate economic development and epidemic prevention and control. It issued guidance opinions on the trial of foreign-related commercial maritime cases involving the epidemic, serving to stabilize foreign trade, stabilize foreign investment, safe and stable industrial chain and supply chain, and healthy development of shipping market, and was included in the UNCITRAL Regulations Case Law Database. Nanjing Maritime Court opened a "green channel" for filing and mediation, and successfully mediated an international ship construction contract dispute that lasted for five years online in 27 days. Dalian Maritime Court used maritime compulsory orders to help hundreds of imported cold chain companies solve customs clearance problems and reduce the impact of the epidemic on import and export trade. During the seizure and auction of foreign ships, maritime courts in many places have provided humanitarian assistance to foreign crew members and safely and efficiently repatriate them, providing Chinese solutions to properly handle the problems of global seafarers changing shifts or repatriation during the epidemic and helping shipping companies resume work and production.

abide by international treaties and respect international practices. Formulate judicial interpretations on the application of international treaties and international practices in the hearing of foreign-related civil and commercial cases, and accurately apply international treaties and international practices to conclude a number of typical cases with rule-based significance, significant international influence, and promoting the rule of law process. The Supreme People's Court clearly clarified the relationship between the " United Nations Convention on International Sales of Goods Contracts " and the applicable law in the case of international sales of goods in Thyssenkrupp Metallurgical Company in Germany, and for the first time the application of the "1989 International Sales Convention" and relevant domestic law provisions were clarified, and the "Uniform Rules for Paying Guarantee as soon as possible" was accurately applied in the case of retrial of the letter of guarantee fraud disputes between Costa Rica Oriental Real Estate Company. my country's judicial cases have become an important source of enriching the practice of international law . The United Nations Law and Law Regulations case law database has included 36 judicial cases in my country.

is accurately applicable to the correct law. Adhere to respect the parties' autonomy and , and strictly determine the applicable law in accordance with the law on the application of foreign-related civil relations. Since 2013, the People's Court has accurately applied extraterritorial law in 542 cases, involving more than 40 countries and regions on six continents. The dispute case of the Singapore Chinese Environmental Protection Company's shareholder investment in heard by the Supreme People's Court accurately applies Singapore's laws to determine the civil rights and civil capacity of foreign shareholders, helping to optimize the legal environment for foreign investment. The case of Zhonggang Steel Co., Ltd.'s equity holding dispute case heard by the Suzhou Intermediate Court of Jiangsu Province shall be subject to Ethiopian law to determine the registration of equity change, the case of Daewoo Co., Ltd.'s ship mortgage contract dispute case heard by the Qingdao Maritime Court shall be subject to Panama law to determine the validity of ship mortgage rights, and the case of Walter's equity transfer dispute case heard by the Haidian Court of Beijing shall be subject to Finnish law to determine the validity of appointment contract. The case of the foreign-related guarantee dispute between CIMB Bank of Malaysia’s Singapore Branch heard by the Shanghai Financial Court has achieved a win-win effect of resolving disputes through mediation on the basis of certifying Singapore’s laws.

promotes cross-border recognition and execution of judgments.Since 2013, courts across the country have concluded 7,313 cases of civil and commercial judgments by foreign courts, involving nearly 40 countries including the United Kingdom, the United States, Italy, Australia, etc. The Second China- ASEAN Justice Forum passed the Nanning Statement to reach a consensus on the "presumptive reciprocity" advocated by China, and essentially promote the mutual recognition and implementation of civil and commercial judgments of various countries in the region. The Gower Group case heard by the Nanjing Intermediate People's Court of Jiangsu Province was first applied to the principle of reciprocity to recognize and enforce the commercial judgment of the Singapore Court, and effectively promote judicial cooperation in related fields between countries along the "Belt and Road". my country's foreign-related civil and commercial judgments have been recognized and enforced by courts in many countries such as Germany, the United States, Singapore, Israel, South Korea and other countries. The effect of the Jianshan Optoelectronics Company bankruptcy reorganization ruling made by the Haining Court in Zhejiang was recognized by the US court, which has included 150 million yuan in assets in the United States in the bankruptcy reorganization procedure of the Chinese court.

(III) Give full play to the role of maritime judicial functions and serve the implementation of the strategy of building a maritime power

my country is a major maritime power, a major trading power, and a major shipping power. Maritime trial work directly serves foreign trade shipping and marine development, and is related to safeguarding national judicial sovereignty and maritime rights and interests.

effectively safeguards national maritime rights and interests. Formulate maritime litigation jurisdiction , the scope of cases accepted by the maritime court and the series of judicial interpretations of cases that occur in the sea areas under our jurisdiction, and fully exercise judicial jurisdiction over the sea areas under our jurisdiction.

serves marine ecological environment protection and marine economic development. Formulate judicial interpretations such as seizure and auction of ships, trial of marine natural resources and ecological environment damage compensation cases, and trial of crew-related disputes. In conjunction with the Supreme People's Procuratorate, issue regulations on handling public interest litigation cases for marine natural resources and ecological environment, and issue 89 typical maritime trial cases to promote the unified judgment standard. Tianjin, Qingdao and Dalian Maritime Court properly heard 1,743 "Conofei" oil spill accident series cases in accordance with the law, and effectively safeguarded my country's maritime rights and interests and the legitimate rights and interests of the people. The Shanghai Maritime Court seized the Japanese Merchant Ship Mitsui Co., Ltd. freighter in accordance with the law, prompting it to fulfill the effective judgment of the Chinese court , and successfully concluded the "Zhongwei" execution case that was widely concerned at home and abroad, bringing a successful conclusion to this cross-century foreign-related dispute. Qingdao Maritime Court properly resolved the foreign "Nelisa" seizure case to avoid huge losses from all parties involved. Foreign parties deliberately renamed the ship to "respect" to pay tribute to China's rule of law.

vigorously promotes the construction of the International Maritime Justice Center. The Nanjing Maritime Court has been established, forming a national maritime trial organization system including 11 maritime courts and 42 dispatched courts. my country has become the country with the most complete judicial institutions in Shanghai and the most accepted maritime cases in the world. The Chinese and English version of the maritime trial white paper will be released on a regular basis, and the China Maritime Trial Network will be launched to serve the development of maritime trial work, meet the judicial needs of the people, and spread the voice of China's rule of law. Co-built an international maritime judicial research base with universities and research institutions to promote the deep integration of maritime judicial theory and practice. After the collision of cargo ships from North Korea and South Korea in waters other than my country's jurisdiction, the agreement was made to choose the jurisdiction of the Shanghai Maritime Court. The parties to Germany, Sweden, and other countries applied to the Qingdao Maritime Court to seize the Liberian "Lion" ship and filed a lawsuit. More and more parties to cases that have no jurisdictional connection with my country's cases actively chose the jurisdiction of the Chinese Maritime Court, which fully demonstrated the international credibility and influence of my country's maritime justice.

(IV) Continuously improve the international commercial dispute resolution mechanism, serve the joint construction of the "Belt and Road" high-quality development

conscientiously implement the major decisions and deployments of the Party Central Committee, actively explore new paths for the international commercial dispute resolution mechanism and institutional construction, and provide judicial services for the high-quality joint construction of the "Belt and Road".

solidly promotes the construction of International Commercial Court . The Supreme People's Court has established the First and Second International Commercial Courts in Shenzhen and Xi'an respectively, and launched the Chinese and English bilingual website of the International Commercial Court. The total number of visits has exceeded 3.78 million, covering 149 countries and regions around the world. The first international commercial expert committee system is to appoint 47 expert committee members from 22 countries and Hong Kong, Macao and Taiwan, and strive to build an international first-class legal think tank.Two opinions on serving and ensuring the construction of the "Belt and Road", three batches of 28 typical cases involving the construction of the "Belt and Road", and improved the relevant legal application rules. International commercial courts were established in courts in Suzhou , Beijing, Chengdu, Changchun, Quanzhou , Xiamen , Wuxi , Nanning and other places, and strive to build a new highland for international commercial dispute resolution.

innovates a "one-stop" diversified resolution mechanism for international commercial disputes. Establish a "one-stop" diversified international commercial dispute resolution mechanism that organically connects litigation, arbitration and mediation, and establish a full-process online dispute resolution service platform such as establishment case, mediation, and evidence exchange to provide convenient, efficient and low-cost legal services to Chinese and foreign parties. 10 international commercial arbitration institutions and 2 international commercial mediation institutions were identified in two batches to join the platform, realizing the mechanism connection with overseas arbitration institutions for the first time. Beijing Fourth Intermediate People's Court, Suzhou International Commercial Court, Shenzhen Qianhai Court and others explore the construction of diversified dispute resolution platforms with their own characteristics, improve the docking mechanism between litigation and mediation and arbitration, and strive to meet the judicial needs of Chinese and foreign parties.

promotes the healthy development of arbitration. Issuing judicial interpretations such as trial of arbitration judicial review cases and handling of arbitration awards and implementing cases, establishing a centralized handling mechanism and reporting system for arbitration judicial review cases, publishing an annual report on judicial review of commercial arbitration, standardizing judicial review procedures, and promoting the healthy development of arbitration. Since 2013, courts across the country have heard more than 110,000 judicial review cases and concluded a number of cases with regular significance and significant impact in accordance with the law. In the trial of the case of Brandwood Company's application for recognition and enforcement of the International Chamber of Commerce Arbitration Court, the Guangdong Guangzhou Intermediate People's Court recognized the arbitration award made by an overseas arbitration institution in mainland my country as my country's foreign-related arbitration award, which is of symbolic significance for the opening up of my country's arbitration business and the international development of arbitration.

gives full play to the unique advantages of the multi-mediation mechanism. Together with , the China Federation of Overseas Chinese , the notice was issued to accelerate the online litigation and mediation of overseas Chinese disputes, and established a "general to general" online multi-dispute resolution mechanism. 999 overseas Chinese mediation organizations and 1,712 mediators entered the People's Court mediation platform . Based on the overseas Chinese situation, the Qingtian Court of Zhejiang has built a pattern of diversified resolution of overseas Chinese disputes of "intermediation at home and abroad, and diversified online and offline governance". Yunnan courts explored the establishment of a "national mediation" mechanism, established 14 national gate litigation service stations, equipped with 192 bilingual judges, and hired 585 bilingual mediators to promote the on-site resolution of simple overseas Chinese disputes. The Xinjiang High Court actively promotes the construction of the Sino-Kargos International Border Cooperation Center joint dispute resolution platform. Guangxi High Court , Hainan No. 1 Intermediate People's Court and China International Trade Promotion Commission Mediation Center signed a memorandum of cooperation to improve the linkage mediation mechanism for foreign-related commercial disputes.

(V) Effectively safeguard the legitimate rights and interests of compatriots in Hong Kong, Macao and Taiwan, help Hong Kong and Macao integrate into the overall national development and cross-strait integration development

implement the " one country, two systems " policy, give full play to the role of judicial functions, effectively safeguard the legitimate rights and interests of compatriots in Hong Kong, Macao and Taiwan, and provide judicial services to maintain the long-term prosperity and stability of Hong Kong and Macao and promote the peaceful development of cross-strait relations.

Properly hear cases involving Hong Kong, Macao and Taiwan in accordance with the law. Trial cases involving education, employment, medical care, elderly care, housing, transportation, tourism and other fields in accordance with the law, promote the implementation of various policies and systems that facilitate Hong Kong, Macao and Taiwan residents to study, start businesses, employment, and live in the mainland, and effectively enhance the sense of gain, happiness and security of compatriots in Hong Kong, Macao and Taiwan. 36 measures to provide judicial services to deepen cross-strait integration and development were issued, top ten typical cases of protecting the rights and interests of Taiwanese compatriots, and comprehensively and equally protecting the legitimate rights and interests of Taiwanese compatriots in accordance with the law. The Guangdong High Court released 4 batches of 80 typical cases of cross-border disputes in the Guangdong-Hong Kong-Macao Greater Bay Area, actively serving the integration of Hong Kong and Macao into the overall national development. The Zhangzhou Intermediate People's Court of Fujian Province has established a trial court for cases involving Taiwan, established a judge's studio to protect the rights and interests of Taiwanese compatriots, give full play to the role of Taiwanese compatriots jurors, Taiwanese compatriot mediators, and judicial liaison officers of Taiwanese enterprises, timely mediate and resolve disputes involving Taiwan, and vividly practice the concept of "one family on both sides of the Taiwan Strait".

Deepen inter-regional judicial assistance and mutual assistance.Signed 13 judicial assistance arrangements and 1 judicial assistance document with Hong Kong and Macao to improve the inter-regional civil and commercial judicial assistance system. Among them, three judicial assistance arrangements were signed with Hong Kong on mutual recognition and execution of judgments, achieving mutual recognition and execution of more than 90% of civil and commercial judgments. Establish a judicial assistance network interoperability platform with Macau to achieve the online completion of the entire process of delivering and collecting evidence for civil and commercial cases. Establish mutual assistance and preservation mechanisms for arbitration procedures with Hong Kong and Macao, sign supplementary arrangements for mutual enforcement of arbitration awards with Hong Kong, and publish 10 typical cases of mutual enforcement of arbitration awards. Issuing judicial interpretations to recognize and enforce civil judgments and arbitral awards of Taiwan’s regional courts, and promoting the mutual recognition and enforcement of effective judgments and arbitral awards across the Taiwan Strait.

serves the integration of Hong Kong and Macao into the construction of the Guangdong-Hong Kong-Macao Greater Bay Area. Publish opinions on serving and ensuring the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, Shenzhen’s socialist pilot demonstration zone, Hengqin Guangdong-Macao deep cooperation zone and deepening the reform and opening up of the Qianhai Shenzhen-Hong Kong modern service industry cooperation zone, promote the connection of judicial rules and mechanism docking, and actively assist in the construction of the Guangdong-Hong Kong-Macao Greater Bay Area. The Guangdong High Court has promoted the implementation and effectiveness of 46 reform measures for service and guaranteeing the construction of the Guangdong-Hong Kong-Macao Greater Bay Area through the "list + ledger" method, providing high-quality judicial services for Hong Kong and Macao enterprises and residents to innovate and start businesses in Guangdong. Supporting Hong Kong and Macao lawyers to practice in the mainland, Guangdong Shenzhen Futian Court heard the first case of Hong Kong lawyers practicing in the mainland in accordance with the law.

improves the diversified resolution mechanism for disputes involving Hong Kong, Macao and Taiwan. The online mediation rules of the People's Court are issued, clarifying that residents from Hong Kong, Macao and Taiwan who meet the conditions can enter the People's Court mediation platform to participate in the mediation of civil and commercial disputes involving Hong Kong, Macao and Taiwan. We will jointly build a "General-to-General" online litigation and mediation mechanism for Taiwan-related disputes with the Taiwan Affairs Office, give full play to the advantages of the one-stop multi-dispute resolution and litigation service system, and provide Taiwanese compatriots with universal, equal, convenient, efficient, intelligent and accurate dispute resolution services. Based on the characteristics of the "one country, two systems, and three legal regions" in the Guangdong-Hong Kong-Macao Greater Bay Area, the Guangdong Court has appointed 90 senior retired judges, commercial lawyers, legal experts, etc. as special mediators to fully participate in cross-border commercial dispute mediation. Support Hong Kong in building an Asia-Pacific international legal and dispute resolution service center, and promote the construction of the Guangdong-Hong Kong-Macao Greater Bay Area International Legal Service Center and the International Commercial Dispute Resolution Center.

Deepen judicial exchanges and cooperation between the two sides of the Taiwan Strait and Hong Kong and Macao. Improve the exchange mechanisms for cross-strait judicial forums and Hong Kong and Macao, create new cooperation platforms such as case study bases and judicial case seminars in the Guangdong-Hong Kong-Macao Greater Bay Area, and deepen judicial exchanges and mutual learning. Signed minutes of talks with Hong Kong and Macao to strengthen exchanges and cooperation, and coordinated the promotion of in-depth judicial cooperation between the mainland and Hong Kong and Macao. Continue to promote the cooperation project between the National Judges College and Hong Kong and Macao universities, and strengthen cross-border legal talent training. Explore the selection of compatriots from Hong Kong, Macao and Taiwan and overseas Chinese as people's jurors, and support compatriots from Hong Kong, Macao and Taiwan to participate in the national rule of law practice. Establish a mainland internship program for Hong Kong and Macao legal students, hold a training course for young legal talents in the Guangdong-Hong Kong-Macao Greater Bay Area, and promote Hong Kong and Macao youth to actively integrate into the national rule of law construction.

(VI) Deeply implement the finest strategy of foreign-related trials, accelerate the modernization of the foreign-related trial system and trial capabilities, insist on using reform to solve problems, implement the finest strategy of foreign-related trials, innovate and improve the foreign-related trial mechanism, and continuously improve the quality and efficiency of foreign-related trials and judicial credibility.

optimizes the jurisdiction mechanism for foreign-related civil and commercial cases. Notices on the level of jurisdiction standards for first-instance foreign-related civil and commercial cases and centralized handling will be issued to promote the sinking of most foreign-related civil and commercial cases to intermediate and grassroots courts, and will be heard by foreign-related trial courts or special collegial panels, forming a professional foreign-related trial pattern characterized by "specific courts with jurisdiction, specialized trial institutions, and professional judges". Courts in Beijing, Hainan and other places have established a centralized trial mechanism for foreign-related commercial cases based on local actual conditions. The Nanning Court of Guangxi and Beihai Maritime Court established a collegial panel for trials involving ASEAN cases to concentrate on hearing ASEAN trade disputes and maritime business cases, and actively serve to build a closer China-ASEAN community of shared future.

innovates the foreign-related delivery mechanism. Modify the judicial interpretation on the delivery of judicial documents in foreign-related civil and commercial cases, further clarify the rules of foreign-related delivery, and standardize the work of foreign-related delivery.Enable the national court judicial assistance management platform, connect with the Ministry of Justice civil and commercial judicial assistance system, realize the cross-departmental online transfer, review and query functions of delivery cases, and effectively shorten the foreign-related delivery cycle. Courts in many places have formulated guidelines for the delivery of foreign-related civil and commercial cases, and explored electronic delivery, transfer of parties, and delivery mechanisms for entrusting lawyers, notary agencies, and overseas overseas Chinese groups without violating the laws of the country where they are located, so as to effectively improve the quality and efficiency of foreign-related delivery.

improves the extraterritorial method identification mechanism. Establish a unified platform for extraterritorial law identification, gather resources from five extraterritorial law identification agencies and international commercial expert committee members, and strive to solve the difficult problems of extraterritorial law identification in foreign-related trial practice. During the epidemic, the organization sorted out the force majeure rules and cases of more than 60 major countries and regions around the world, and formed and released 7 research reports. Courts in many places have set up expert databases for extraterritorial law identification, promoted the construction of case databases for extraterritorial law identification, and actively explored effective paths for extraterritorial law identification. Guangdong Guangzhou Intermediate People's Court launched the "Extraterritorial Law Enquiry", and Shenzhen Qianhai Court established a three-dimensional identification model of "the court independently verified according to law + the participation of Hong Kong jurors and foreign mediators in Hong Kong and Macao regions + assistance for identification of social professional forces". The Court of Chongqing Liangjiang New District (Free Trade Zone) and the China-ASEAN Legal Research Center jointly issued the "Guidelines for the Legal Identification Mechanism of Countries Along the Land-Sea New Channel".

improves the cross-border litigation service mechanism. Regulations on providing online case filing services for parties to cross-border litigation are issued, and relying on the online service platform of the people's court, they provide online case filing guidance, inquiry, entrusted witness, registration and filing services for parties to cross-border litigation. Courts in many places have explored providing multilingual litigation services such as the UK, Portuguese, and Japanese to foreign parties in light of actual needs. Guangdong courts promote the "AOL Authorized Witness Pass", handling the entrustment witness procedures for overseas parties in 1,743 cases in 15 countries and regions, greatly reducing the litigation costs of the parties. The Fujian Fuzhou Intermediate People's Court has achieved connections between domestic and foreign countries through the "Cloud Court Smart Trial System" and held a trial of a cross-border, cross-provincial, foreign and overseas lending dispute.

Improve the training mechanism for foreign-related trial talents. Always put the political construction of the Party first, insist on leading the team building to promote trials with Party building, guide the majority of police officers to be politically clear-cut, continuously improve their political judgment, political understanding, and political execution, and promote the revolutionary, regularization, professionalization and professionalization of the foreign-related trial team. Courts in various places have vigorously cultivated and selected outstanding foreign-related trial talents through special training, rotation, and business exchanges. Actively recommend outstanding foreign-related trial talents to serve in international organizations and relevant national judicial institutions. One judge was appointed as a judge of the Administrative Tribunal of the United Nations International Labor Organization, filling the "gap" of my country's position in the administrative and judicial system within the International Labor Organization.

(VII) Implement the requirements of coordinating the promotion of domestic rule of law and foreign-related rule of law, actively participate in the construction of foreign-related legal norms based on judicial functions and actively participate in foreign-related legislative work, and help build a complete and coordinated foreign-related legal norms system.

actively cooperates with foreign-related legislation. In accordance with the deployment of the Standing Committee of the National People's Congress, drafting the Civil Procedure Law foreign-related draft. Submit a report to the Standing Committee of the National People's Congress to amend the Special Procedure Law of , participate in the revision of the Maritime Commercial Law, make suggestions on the formulation of the Coast Guard Law and the revision of the Maritime Traffic Safety Law, and promote the improvement of a distinctive, scientific and reasonable maritime legal system.

Improve the system of applicable rules for foreign-related laws. We attach great importance to the unified standards for application of foreign-related laws. Since 2013, we have formulated 31 judicial interpretations on foreign-related trials and 9 normative documents, and issued 12 guiding cases and 137 typical cases. The minutes of the National Court's Foreign-related Commercial and Maritime Trial Work Symposium was issued, and clear provisions were made on 111 difficult issues in foreign-related trials such as jurisdiction, litigation parties, and service, effectively promoting the unification of the judgment standards. The Fujian court properly tried the first case of "Zhang Gong Zushi" in the pursuit of lost overseas cultural relics in accordance with the law, and ordered foreign defendants to return the physical Buddha statues of the Song Dynasty that were lost overseas due to theft, setting an example of the pursuit of lost overseas cultural relics through judicial channels.

Strengthen research on foreign-related rule of law.We will carry out in-depth research on major foreign-related legal issues such as judicial guarantees of the "Belt and Road", risk prevention of enterprises' "going out", judicial guarantees for the construction of free trade pilot zones, and construction of international commercial courts, to provide intellectual support for serving the implementation of major national strategies. Strengthen research on issues such as investment arbitration and cross-border bankruptcy and propose countermeasures in a timely manner. Establish the "Belt and Road" Judicial Research Center of the Supreme People's Court and establish a regular research and guidance mechanism for judicial guarantees of the "Belt and Road". Cooperating with universities, research institutes, etc., we have established 15 foreign-related judicial research bases to enhance the effectiveness of foreign-related legal research.

(VIII) Deepen international judicial exchanges and cooperation, serve and promote the building of a community with a shared future for mankind

Adhere to the principle of consultation, joint construction and sharing, carry out international judicial exchanges and cooperation in depth, firmly safeguard the international system with the United Nations as the core, the international order based on international law, and the basic norms of international relations based on the purposes and principles of the Charter of the United Nations, and continuously improve our country's voice and influence in the reform of the global governance system.

Strengthen international judicial exchanges. We have established friendly exchanges with judicial institutions in more than 140 countries and regions and more than 20 international or regional organizations, signed more than 70 cooperation agreements or memorandums, and more than 60 foreign presidents and chief justices have visited Chinese courts. Hold large international judicial conferences such as the Presidents' Meeting of the Supreme Courts of the SCO Member States, the BRICS Chief Justices Forum, the China-ASEAN General Justice Forum, the China-Central and Eastern European Countries Presidents' Meeting, the China-Central and Eastern European Countries Presidents' Meeting, the China-People-speaking Countries Presidents' Meeting, the World Executive Conference, the World Internet Rule of Law Forum, the World Environmental Justice Conference, the Digital Economy Rule of Law Forum, the Silk Road (Dunhuang) International Forum for Judicial Cooperation, the Maritime Silk Road (Quanzhou) International Forum for Judicial Cooperation, and other major international judicial conferences will be promoted to the formation of a number of fruitful documents, effectively promote judicial exchanges and cooperation, and widely build consensus on the rule of law.

deepens international judicial assistance. my country has concluded 170 bilateral judicial assistance treaties with 82 countries, joined nearly 30 international conventions including judicial assistance, extradition, etc., and its cooperation scope covers more than 130 countries. Improve the standards for judicial assistance work, and since 2016, 28,000 judicial assistance cases have been handled. Actively carry out international criminal justice cooperation, strengthen international cooperation in investigation and evidence collection, extradition, transfer of sentenced persons, and sealing, seizure, confiscation, and return of illegal income, and jointly punish and prevent transnational cross-border crimes. The murder of a Chinese crew member in the Mekong River heard by the Yunnan court has set an example of international criminal justice cooperation.

participates in the formulation of international rules. Actively participate in important consultations and negotiations in the field of international law, and since 2013, we have participated in the review of the compliance of 10 international conventions, the negotiations of 11 international conventions and model law, and the negotiations of more than 40 bilateral and multilateral mutual legal assistance agreements. China's suggestions were put forward in the formulation of international conventions such as the Hague Convention on the Recognition and Implementation of Foreign Civil and Commercial Judgments and the United Nations Convention against Cybercrime. Actively participate in the negotiation of the jurisdiction project of the Hague Conference on International Private Law and explore international parallel litigation solutions. Participate in consultations on international conventions, model laws and transaction demonstration rules such as the transparency of investment arbitration, cross-border bankruptcy, rapid arbitration and international settlement agreements, railway waybill issues, and the draft Convention on the International Recognition of the Judicial Sale of Ships ("Beijing Draft"), and contribute Chinese wisdom to the improvement of international economic and trade rules.

tells a good story about the rule of law in China. He held professional meetings such as the International Commercial Expert Committee, the China-Singapore Law and Judicial Roundtable, the China-UK Judicial Roundtable, and the China-France International Commercial Trial Exchange Seminar, and sent personnel to participate in international conferences such as the Permanent Forum of the International Commercial Court, the "Belt and Road" International Cooperation Forum on Rule of Law, and told the story of China's rule of law well. Carry out in-depth judicial project cooperation with international organizations such as the United Nations Development Program, UNEP, the World Intellectual Property Organization, the World Bank, the European Union, and Germany, Russia, Brazil and other countries, and vigorously promote mutual learning and mutual learning of judicial civilizations. The "Selected International Commercial Trial Cases of China-Singapore's "Belt and Road"" were compiled and published with the Singapore Supreme Court to carry out case exchanges and cooperation, and build consensus on jointly building the "Belt and Road".

Overall, the remarkable results of my country's foreign-related trial work since the 18th National Congress of the Communist Party of China lies in the leadership of General Secretary Xi Jinping as the core of the Party Central Committee and the core of the whole Party, and the scientific guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. The people's courts have accumulated some valuable experience in foreign-related trial work, mainly: First, adhere to the absolute leadership of the Party. The leadership of the Party is the fundamental guarantee for my country's foreign-related trial work to always move forward in the right direction. Foreign-related trial work has achieved historic development, and the construction of foreign-related rule of law has created a new situation, which fully reflects the political and institutional advantages of the Party's leadership. The second is to insist on serving the "bigest thing in the country". Serving the overall situation is the responsibility and mission of foreign-related trial work. Foreign-related trial work must always be planned and promoted in the overall development of the Party and the country, implement the principle of equal protection in accordance with the law, and actively serve the implementation of major national strategies and high-level opening up to the outside world. The third is to adhere to the people-centered approach. Putting people at the center is the fundamental position of foreign-related trial work. We must adhere to the people first and always take the realization, safeguarding and developing the fundamental interests of the overwhelming majority of the people as the starting point and end point. Fourth, adhere to coordinated development and security. Coordinating development and security is an important task in foreign-related trial work. We must establish bottom-line thinking, enhance the spirit of struggle, be good at using the rule of law to respond to challenges, prevent risks, maintain and practice true multilateralism, and serve to promote the building of a community with a shared future for mankind. Fifth, adhere to reform and innovation. Reform and innovation are the inexhaustible driving force for the development of foreign-related trial work. We must uphold the spirit of reform and innovation, implement the quality strategy in depth, improve the system of applicable rules for foreign-related laws, and accelerate the modernization of the foreign-related trial system and trial capabilities.

2. The current problems and difficulties in foreign-related trials

Combined with the problems reported by the National People's Congress Supervision and Judicial Committee's research report, according to the research analysis, the current foreign-related trials still have the following problems and difficulties.

First, the level of service opening-up ability needs to be improved. At present, the century-old changes and the century-old epidemic are intertwined, economic globalization is facing a headwind, the world has entered a new period of turbulent and change, and the risks and challenges faced by foreign-related rule of law work have increased. Some courts have not broad enough ideas in implementing the new development concept, serving the construction of a new development pattern, and promoting high-quality development, and the means and methods to serve the overall situation of external work are not rich enough.

Second, the system of rules for applying foreign-related laws needs to be improved. We need to strengthen research and timely legislative suggestions on major cutting-edge issues such as the status of international treaties in domestic law and cross-border data flow. The rules for adjudication of some new types of cases need to be further established to unify the legal application standards.

Third, the reform of the foreign-related trial mechanism needs to be deepened. The jurisdiction mechanism for foreign-related civil and commercial cases needs to be further improved. There are some problems in foreign-related cases in terms of delivery, extraterritorial investigation and evidence collection, extraterritorial law identification, and shortening trial period. There are several measures to effectively solve. At present, cases involving Hong Kong, Macao and Taiwan are handled in accordance with foreign-related trial procedures, which has led to certain inconveniences in Hong Kong and Macao parties participating in litigation in mainland courts, review and determination of evidence involving Hong Kong and Macao, and recognition and enforcement of Hong Kong and Macao judgments in mainland China, which is not conducive to the efficient resolution of Hong Kong and Macao disputes and restricts the role of judicial services in the construction of the Guangdong-Hong Kong-Macao Greater Bay Area.

Fourth, the international commercial dispute resolution mechanism needs to be improved. The functions and roles of international commercial expert committee members still have a lot of room to be played, and the "one-stop" diversified resolution mechanism for international commercial disputes needs to be further improved. my country has not yet formulated a commercial mediation law, and there are few influential commercial mediation organizations at home and abroad, which is difficult to meet the parties' diverse dispute resolution needs.

5. The cultivation of foreign-related trial talents needs to be strengthened. The long-term mechanism for selecting and cultivating foreign-related trial talents is not yet sound, and it is not adapted to the development needs of foreign-related trial work. Building a high-quality and professional foreign-related trial team has become an urgent task. Some courts lack overall planning on how to cultivate and use foreign-related trial talents, and the talent echelon reserves are insufficient. With the emergence of new types of foreign-related and difficult and complex cases, some police officers lack the ability to deal with new situations and new problems, and there is still a large gap in compound international foreign-related trial talents.

3. Next steps and suggestions

The 20th National Congress of the Communist Party of China, which just concluded successfully, is a very important conference held at a critical moment when the whole Party and people of all ethnic groups in the country embark on a new journey of comprehensively building a modern socialist country and marching towards the second centenary goal. It is of great significance to inspire and mobilize the whole Party and people of all ethnic groups in the country to comprehensively build a modern socialist country, comprehensively promote the great rejuvenation of the Chinese nation, and win new victories for socialism with Chinese characteristics. In the new era and new journey, the people's courts will adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly study and implement Xi Jinping's thought on the rule of law, fully implement the spirit of the 20th National Congress of the Communist Party of China, conscientiously implement the decisions and arrangements of the Party Central Committee on coordinating the promotion of domestic and foreign-related rule of law, strive to promote the high-quality development of foreign-related trial work, effectively safeguard national sovereignty, security, and development interests, better serve high-level opening up to the outside world, promote the building of a community with a shared future for mankind, and provide more powerful judicial services for the comprehensive construction of a modern socialist country.

First, adhere to the leadership of the Party and ensure the correct political direction of foreign-related trial work. We will take the study, publicity and implementation of the spirit of the 20th National Congress of the Communist Party of China as the primary political task at present and in the future, deeply understand the decisive significance of the "two establishments", strengthen the "four consciousnesses", firm up the "four self-confidences", and achieve the "two safeguards", consciously stand at the strategic height of the overall work of the Party and the country, and plan and promote foreign-related trial work at a higher level, wider field and deeper level. We will conscientiously implement the "Regulations on Political and Legal Work of the Communist Party of China", firmly adhere to the Party's absolute leadership over judicial work, unswervingly follow the path of socialist rule of law with Chinese characteristics, integrate the Party's leadership into all aspects of the entire process of foreign-related trial work, implement the decisions and arrangements of the Party Central Committee without fail, and actively serve the overall situation of the Party and the country's foreign work. Implement people's democracy throughout the process, more consciously accept supervision from the National People's Congress, report work in a timely manner, listen carefully to the opinions and suggestions of representatives, and continuously strengthen and improve foreign-related trial work.

The second is to adhere to problem-oriented approach and promote the improvement of the system of rules for the application of foreign-related laws. Deeply study issues such as the application of extraterritorial clauses of my country's laws and improve relevant judicial interpretations and supporting rules. Strengthen research on cutting-edge hot issues in international law, consolidate the theoretical basis of foreign-related rule of law, and promote the improvement of the system of rules for the application of foreign-related laws.

The third is to adhere to reform and innovation and continuously improve the quality and efficiency of foreign-related trials. In combination with the reform of the level of trial function positioning of four-level courts and the actual situation of foreign-related trial work of courts in various places, the jurisdiction mechanism for foreign-related civil and commercial cases will be further optimized. Continue to innovate the mechanisms for foreign-related service, extraterritorial investigation and evidence collection, and extraterritorial law identification, effectively improve the quality and efficiency of foreign-related trials, and protect the litigation rights of the parties in accordance with the law. Promote the deep integration of foreign-related trial work and smart court construction, strengthen the application of cutting-edge technologies such as big data, blockchain, and artificial intelligence, build a world-leading Internet judicial model with Chinese characteristics and world-leading, and strive to create a higher level of digital justice.

Fourth, adhere to goal guidance and improve the international commercial dispute resolution mechanism. Refine the working rules of the International Commercial Expert Committee and give full play to the functions of the International Commercial Expert Committee. Adhere to the development goals of diversification, specialization and internationalization, improve the "one-stop" diversified resolution mechanism for international commercial disputes, and strive to build our country into the preferred place for international commercial dispute resolution.

Fifth, implement the talent strengthening plan and strengthen the construction of a high-quality and professional foreign-related trial team. Based on the long-term, strengthen coordination, and improve the mechanism for introducing, cultivating, selecting, using and managing foreign-related trial talents. Establish a mechanism and platform for discussion of new types of difficult and complex foreign-related cases to promote the improvement of the overall capabilities of the foreign-related trial team. Cultivate and reserve a group of outstanding foreign-related trial talents who have both a sense of the overall situation and an international perspective, are both familiar with domestic laws and are familiar with international law rules, and are good at handling foreign-related legal affairs.

Sixth, adhere to win-win cooperation and create a new situation of international judicial exchanges and cooperation. Improve the working mechanism of international judicial assistance, improve the level of informatization, and continuously improve the quality and efficiency of international judicial assistance. Broaden international judicial exchange channels, improve case exchange and sharing mechanisms, legal application exchange mechanisms, judge training cooperation mechanisms, etc., and promote enhancing judicial mutual trust.Expand the breadth and depth of cooperation with relevant countries and international organizations such as the World Trade Organization, the United Nations Commission on International Trade Law, the International Court of Justice, actively participate in the reform and construction of the global governance system, and promote the construction of a more just and reasonable international order.

proposes the following suggestions in response to the current problems and difficulties faced by foreign-related trials: First, accelerate the process of revision of the Foreign-related Compilation of the Civil Procedure Law. The amendment to the Special Procedures Law on Maritime Litigation will be included in the legislative plan in a timely manner. Revise the decision of the Standing Committee of the National People's Congress on the establishment of a maritime court in coastal port cities, authorize the maritime court to hear specific types of maritime criminal cases, and effectively safeguard our maritime rights and interests. The second is to promote the resolution of bottlenecks in the operation of international commercial courts and promote the enhancement of the international competitiveness of my country's international commercial dispute resolution mechanisms and institutions. Formulate the Commercial Mediation Law in a timely manner, give full play to the advantages of the mediation mechanism, and provide a sufficient legal basis for the vigorous development of my country's international commercial dispute settlement mechanism. Third, authorize Guangdong and other local courts with concentrated cases involving Hong Kong and Macao to simplify civil litigation procedures involving Hong Kong and Macao, and simplify the certification procedures and authorization and entrustment procedures for the subject of litigation in Hong Kong and Macao. Fourth, promote the establishment and improvement of a foreign-related legal talent exchange mechanism between legislative bodies, law enforcement bodies, judicial bodies, universities, research institutes, legal service institutions and international organizations, and increase the efforts to cultivate compound international foreign-related trial talents.

Chairman, Vice Chairman, Secretary General, Members, and Dear Delegates attending the meeting, the Standing Committee of the National People's Congress specifically listened to and reviewed the report of the People's Court on the work of foreign-related trials, which fully reflects the high attention paid to foreign-related trials, and courts and police officers across the country were deeply encouraged. Under the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core, under the strong supervision of the National People's Congress and its Standing Committee, we will thoroughly study and implement the spirit of the 20th National Congress of the Communist Party of China, resolutely implement the decisions and resolutions of the National People's Congress and its Standing Committee, conscientiously implement the review opinions of this meeting, further improve the level of foreign-related trial work, and provide strong judicial services for realizing Chinese-style modernization and comprehensively building a modern socialist country.

Source: China National People's Congress Network

Editor: Yu Jingchun