Source: Jiangxi Court
Reprinted from: Yichun Court
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November 1, 2022 is the second "Jiangxi Business Environment Day" in our province and the first business environment day since our province promoted the "No. 1 Reform Project". In order to comprehensively summarize and publicize the exploration and innovation of the optimization and upgrading of the business environment in the province's courts, the provincial court has selected the top ten typical cases of the optimization and upgrading of the business environment in 2022, involving the optimization and upgrading of the business environment in service and protection, the law-based and convenient and professional quality of the business environment, etc., including the optimization and upgrading of the business environment for services and protection, the law-based, convenient and professional quality and efficiency of "zombie enterprises", the improvement of the quality and efficiency of trial execution, the deepening of the linkage mechanism between the government and the court, the innovation of flexible law enforcement , the promotion of multi-party and diversified litigation governance, and the improvement of the law-based, convenient and professional quality and efficiency of bankruptcy handling, etc.
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Yichun Court builds a "3+1" working mechanism
selected as the provincial courts in 2022
Service guarantee business environment optimization
Top ten typical cases
1 Top ten typical cases
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basic situation
For precise service of Yichun major projects, promote the deepening and practical mechanism of the government and court, and efficiently realize the legitimate rights and interests of the winning enterprises. Since this year, Yichun Court has firmly established the concept of "the rule of law is the best business environment", thoroughly implement the decision-making and deployment of the provincial party committee and provincial government's "No. 1 Project", focus on Yichun's positioning to create a first-class business environment in the province, based on judicial functions, innovate work measures, and comprehensively improve the initiative, effectiveness and pertinence of judicial services to ensure economic and social development.
With Yichun City vigorously promotes the construction of the lithium battery industry and builds the "Asian lithium capital" brand, domestic leading lithium battery new energy companies CATL , Guoxuan Hi-Tech , BYD , etc. have successively entered Yichun, and a large number of major projects have settled one after another. However, major projects often encounter some conflicts and disputes during the introduction, implementation and production stages. How to properly resolve litigation disputes tests the judicial service capabilities of local courts. The Yichun Intermediate People's Court keenly captured the judicial needs of these projects in the process of landing in Yichun. At the end of last year, it guided the Yuanzhou District Court to take the lead in setting up a major project studio for party member judges in the Economic and Technological Development Zone Court. On January 15, the Yichun Intermediate People's Court and the Yichun Economic and Technological Development Zone Management Committee established the Yichun Municipal Government and Court Joint Work Economic and Technological Development Zone Liaison Office, aiming to solve various problems encountered in the fight against bankruptcy cases through the marriage linkage of "government + court" and promote the orderly clearance of "zombie enterprises" in our city in accordance with the law. After the Judge's Studio and Liaison Office broadcast live reports through the urban channel of Jiangxi Provincial TV Station, the social response was enthusiastic. The first meeting of Yichun City's Bank of China's Government and Court for the joint work of bankruptcy handling in 2022 decided to promote the above experience and practices throughout the city.
In order to efficiently realize the legitimate rights and interests of enterprises, according to the requirements of the benchmarking and improvement plan for the execution contract indicators and combined with the actual reform of the intensive execution process of our city’s courts, in January this year, the Yichun Intermediate People’s Court issued the “Implementation Plan for Comprehensively Implementing the Construction of the “Enterprise Quick Execution Center” in Courts across the city” and established the Enterprise Quick Execution Center in Courts across the city. The "three horses" of optimizing the business environment of the judges' studio for major projects, the government-court joint work liaison office, and the Hui Enterprise Express Execution Center have been officially established. During the operation of " three-horse carriage ", there are shortcomings such as the inability to share information related to enterprises in real time, service measures cannot be viewed on one screen, and one-stop service. Yichun Intermediate People's Court adheres to problem-oriented approach and strengthens system integration. On April 28, it launched the independently developed "Yichun Court Work Information Platform for Optimizing the Business Environment". At this point, the working mechanism of "three horses + one platform" (three horses: the judges' studio for major projects, the joint work liaison office of the government and the college, and the enterprise-friendly express execution center; one platform is the work information platform for optimizing the business environment).
Work measures
First, focus on accuracy and establish a judge's studio for major projects. Judge Studio provides accurate, one-to-one judicial services for major projects in Yichun in multiple dimensions from the aspects of information decision-making, trial execution, risk prevention, etc. Based on the active connection with functional departments such as the park management committee, the Development and Reform Commission, a list of major projects has been established dynamically. According to the project list and judicial needs, a judicial service team with the head of the court as the director, the head of the business department as the team leader, and the judge as the backbone of the post will be formed in a targeted manner. For litigation or execution cases and major matters arising from major projects due to land acquisition, demolition, construction projects, delivery of equity, and major property disposal, the studio will conduct a full analysis with the project supervisory unit to provide legal opinions and suggestions. For major projects involving litigation and execution, a convenient channel for "quick filing, quick trial, and quick execution" has been established to clear the obstacles to the implementation of major projects with fast and efficient judicial services.
The second is to extend the breadth and establish a joint work liaison office of the government and the court. The liaison office provides park enterprises with universal and point-to-point judicial services in the entire process from daily visits, information flow, work order processing, feedback and return visits. The liaison office is jointly director by the park management committee and the court leaders. The relevant functional departments of the park and the heads of the court trial business office are members. Qualified judges and judge assistants enter the on-site office and establish a mechanism for daily joint meeting , two-way work order flow, and enterprise-related information sharing. For matters such as pre-trial mediation of enterprise-related disputes, consultation on major cases, clearing of zombie enterprises, project investment promotion, comprehensive social governance, enterprise listing, mergers and acquisitions, and reorganization, the park management committee and court may hold a joint meeting through the liaison office to coordinate and distribute work orders to the other party.
The third is to speed up and establish a center for enterprise promotion. 全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全全
4 is to integrate depth and establish a business environment information work platform. In order to improve the efficiency, convenience and refinement of judicial services, it independently designed and developed the "Yichun Court Information Work Platform for Optimizing the Business Environment". The platform consists of "one network, two ends, five centers, and one platform", including six major modules such as bankruptcy case management, judge services for major projects, and government-court linkage. It integrates the functions of enterprise-related service in various departments of the court, breaking the "information island" and "data chimney" of judicial services involving enterprises.
typical meaning
Judge Studio highlights a word "fine", providing one-to-one and accurate judicial services for the implementation and production of major projects in the city; the liaison office highlights a word "wide", and uses the practical operation of the government and court linkage mechanism to provide enterprises with all-round and normalized judicial services; the Quick Execution Center highlights a word "fast" to efficiently realize the legitimate rights and interests of the enterprise, and make the effective judgment in hand become real real money; the work information platform highlights a word "deep" and integrates all judicial service functions of the "three horses".With just one registration, enterprises can share all-round judicial services from the two-level courts of Yichun, truly realizing "the enterprise runs less errands and more data", building a comprehensive and closed-loop service mechanism from trial to execution, and forming a "four-wheel drive" Yichun court business environment work characteristics.
Working Effectiveness
Yichun Court's "3+1" business environment working mechanism is an innovative move for the city court to find the entry point for judicial services and serve to ensure the high-quality development of , with obvious results after operation. A total of more than 100 major projects such as the lithium battery industry have been connected and served, more than 500 enterprises have been visited, more than 800 legal consulting services have been carried out, and more than 100 problems have been helped by enterprises. The number of bankruptcy cases concluded is equivalent to the sum of the previous five years. In the first half of the year, the city ranked first in the province in terms of bankruptcy and contract execution indicators, and the relevant work results were approved by the instructions of the provincial High Court and the main leaders of the municipal party committee and municipal government.
