On July 15, the Standing Committee of the Pudong New Area People's Congress, in accordance with the spirit of the document "Opinions of the Central Committee of the Communist Party of China and the State Council on Supporting the High-level Reform and Opening Up of Pudong New Are

html On July 15, the Standing Committee of the People's Congress of Pudong New Area, in accordance with the spirit of the document "Opinions of the Central Committee of the Communist Party of China and the State Council on Supporting the High-level Reform and Opening Up of Pudong New Area to Create a Leading Area for Socialist Modernization" (hereinafter referred to as the "Opinions of the Leading Area"), combined with Pudong New Area Two management measures, "Several Provisions on Third-Party Supervision and Evaluation of Compliance of Enterprises Involved in Cases in Pudong New Area" and "Several Provisions on Promoting Commercial Mediation in Pudong New Area" formulated by the reform and innovation practice, will be officially implemented.

These two management measures are areas in which Pudong New Area focuses on enterprises, focusing on the first anniversary of legislative authorization, adhering to the legislative orientation of using the rule of law to lead reform and opening up to in-depth development, and actively using management measures to empower and lead the development of the district. Results.

Among them, the "Several Provisions on Third-Party Supervision and Evaluation of Compliance of Enterprises Involved in Cases in Pudong New Area" is the first legal document issued by the local people's congress to support the procuratorial organs in promoting compliance reform of enterprises involved in cases. The "Several Provisions on Promoting Commercial Mediation in Pudong New Area" is the first legal document issued by the local people's congress to promote the innovative development of commercial mediation in the form of special legislation. Both have very important pioneering demonstration significance.

The "Opinions on Leading Districts" officially released on July 15, 2021 has given Pudong a new major historical mission, requiring "to establish, improve and support a legal security system that is suitable for Pudong to boldly experiment, boldly break out, and independently reform.", It also clearly gives Pudong two brand-new tools to protect the rule of law: . First, authorizes the Shanghai Municipal People's Congress and its Standing Committee to formulate regulations for the Pudong New Area; . Second, supports Pudong to formulate management measures in advance for areas where there are currently no laws, regulations or clearly defined regulations. . Since the authorization from the central government, Pudong New Area has focused on the fundamental goal of building a leading area for socialist modernization, made full use of legislative authorization, and actively promoted the formation of "a set of effective operating mechanisms and a number of innovative breakthroughs in the rule of law", including Three rule of law guarantee decisions and related work procedures made by the people's congresses and governments at the municipal and district levels, as well as 9 Pudong New Area regulations and 3 management measures that have been issued so far.

On June 30, 2022, the third meeting of the Standing Committee of the Seventh People's Congress of Pudong New Area voted and adopted the "Several Provisions on Third-Party Supervision and Evaluation of Compliance of Enterprises Involved in Cases in Pudong New Area" and "Several Provisions on Promoting Commercial Mediation in Pudong New Area."

Reporters learned from the Legal Affairs Committee of the Pudong New Area People's Congress that the "Several Provisions on Third-Party Supervision and Evaluation of Compliance of Enterprises Involved in Cases in Pudong New Area" were formulated, mainly based on to help improve the legal security system, timely solidify Pudong reform pilot experience and accelerate the construction of a good corporate compliance ecosystem Consider three aspects of . The Standing Committee of the District People's Congress took the lead in formulating management measures and exploring the pilot compliance reform of the enterprises involved in the case. This can not only provide strong institutional support for Pudong New Area to deepen and promote the pilot enterprise compliance reform, but also provide practical samples for the development and improvement of national-level legislation. . At the same time, this management measure also reflects three major innovations, including the innovation of " judicial relief + rules governance" to build a new ecosystem of corporate compliance governance; the innovation of "government guidance + industry autonomy" to create a new model of corporate compliance governance; Innovate "three-level linkage + remote collaboration" and explore a new mechanism for cross-provincial collaboration on corporate compliance .

"Several Provisions on Promoting Commercial Mediation in Pudong New Area" is based on the consideration of three aspects: in-depth implementation of the Party Central Committee's decision-making and deployment, active compliance with legislative development trends, and systematic integration of Pudong's reform experience. The Standing Committee of the District People's Congress summarized past exploration and practical experience and formulated management measures in the field of commercial mediation, which will help further promote Pudong to "build an international commercial dispute resolution center with international influence and attraction" and better create a market-oriented, legal and international Improve the business environment.The main highlights of the "Several Provisions" include clarifying the establishment method and roster management system of mediation organizations, strengthening the supervision and guidance of commercial mediation organizations; attracting the development of international commercial mediation organizations, helping Pudong build an international commercial dispute resolution center; supporting lawyers, arbitration Mediators such as mediators personally participate in international commercial mediation to help build the Pudong commercial mediation service brand; innovate a rapid mediation mechanism for small commercial disputes to help resolve disputes efficiently, conveniently and at low cost; unblock channels for diversified dispute resolution mechanisms to enhance the legality of mediation agreements effectiveness; clarify commercial mediation support measures to promote the healthy and sustainable development of the industry.

source: Pudong releases