分类归档 hfhfgdd

the Supreme People’s Court

About speeding up the construction of a unified national market

Opinions on providing judicial services and guarantees

Fa Fa Fa [2022] No.22

　　In order to thoroughly implement the spirit of the 19th National Congress of the Communist Party of China and its previous plenary sessions, conscientiously implement the Opinions of the Central Committee of the Communist Party of China and the State Council on Accelerating the Construction of a National Unified Market, give full play to the functions of the people’s courts, and provide high-quality judicial services and guarantees for accelerating the construction of a national unified market, this opinion is formulated in light of the actual work of the people’s courts.

　　I. General requirements

　　1 effectively enhance the sense of responsibility and mission to provide judicial services and guarantees for accelerating the construction of a unified national market. Accelerating the construction of an efficient, standardized, fair competition and fully open national unified market is a major strategic deployment made by the CPC Central Committee with the Supreme Leader as the core from the overall situation and strategic height, and is the basic support and inherent requirement for building a new development pattern. People’s courts at all levels should effectively unify their thoughts and actions with the major strategic deployment of the CPC Central Committee, profoundly grasp the decisive significance of the "two establishment", enhance the "four consciousnesses", strengthen the "four self-confidences" and achieve the "two maintenance", constantly improve their political judgment, political understanding and political execution, persist in serving the overall situation, administer justice for the people and impartially, faithfully perform their duties entrusted by the Constitution and laws, and give full play to the norms of the rule of law.

　　2. Accurately grasp the entry point and focus of providing judicial services and guarantees for accelerating the construction of a unified national market. People’s courts at all levels should closely focus on the major decision-making arrangements of the CPC Central Committee, adhere to the "two unswerving", adhere to the problem orientation, implement the new development concept completely, accurately and comprehensively, strengthen the system concept, pay attention to coordination, take an active role, and make overall plans to examine and implement all fields and links accurately, and coordinate the unified protection of market subjects, factors, rules and order. The five main objectives of benchmarking are to continuously promote the efficient and smooth domestic market and scale expansion, accelerate the creation of a stable, fair, transparent and predictable business environment, further reduce market transaction costs, promote scientific and technological innovation and industrial upgrading, and cultivate new advantages in participating in international competition and cooperation. We will improve judicial policies, innovate working mechanisms, improve judicial quality and efficiency, continuously improve the effectiveness of judicial service guarantee, give full play to the decisive role of the market in resource allocation, and provide a strong foundation for building a high-standard market system and a high-level socialist market economic system.

　　Second, strengthen the unified and equal protection of market players

　　3. Help implement unified market access. According to the law, we will try disputes over construction projects, real estate, mineral resources, allocation of water, electricity, gas, heat and other factors and market access contracts, accurately grasp the impact of market access liberalization in natural monopoly industries and service industries on the effectiveness of contracts, and strictly implement the policy of "entry without prohibition". We will try administrative cases involving market access according to law, support classification and promote the reform of the administrative examination and approval system, and curb improper intervention in economic activities, especially abuse of administrative power to exclude and restrict competition. Strengthen the incidental review of administrative normative documents such as the negative list of market access and the list of preferential policies for enterprises, and urge administrative organs to promptly clean up and abolish normative documents containing local protection, market segmentation, designated transactions and other obstacles to unified market and fair competition, and break down local protection and regional barriers.

　　4. Strengthen equal protection of property rights. Adhere to the equal litigation status, equal legal application and equal legal liability of all market entities, and equally protect the legitimate rights and interests of all market entities according to law. Strictly distinguish economic disputes, administrative violations and criminal offences, resolutely prevent economic disputes from being treated as crimes, and resolutely prevent civil liability from being turned into criminal liability. Punish illegal and criminal acts of infringing property rights according to law, improve the recovery and disposal mechanism of property involved, and maximize the recovery and loss. Fully implement the concept of civilized implementation in good faith, further standardize compulsory measures related to property rights, prohibit illegal seizure of property that exceeds the standard, and flexibly adopt measures of seizure and price change to effectively release the use value and financing function of seized property. We will improve the mechanisms for appealing and retrial of property rights cases involving enterprises, and improve the effective prevention and correction mechanism for cases involving property rights wrongs. Support the standardization of compulsory measures related to property rights in the field of administrative law enforcement, and safeguard the autonomy of market entities in operation according to law.

　　5. protect the legitimate rights and interests of Chinese and foreign parties equally according to law. Study and formulate judicial interpretations such as legal identification and application of international treaties and international practices, and accurately apply foreign laws and international treaties and international practices. Optimize the litigation jurisdiction mechanism of foreign-related civil and commercial disputes, and study and formulate the judicial interpretation of foreign-related civil and commercial cases of first instance. Strengthen judicial assistance, improve the foreign service mechanism, and promote the establishment of a unified platform for foreign service. Promote the substantive operation of international commercial courts, improve the working mechanism of international commercial expert committees, improve the one-stop information platform for international commercial dispute resolution, realize the organic connection of mediation, arbitration and litigation, and strive to create a new highland for international commercial dispute resolution. Accurately apply foreign investment laws and regulations, fully implement the system of national treatment plus negative list before foreign investment access, safeguard the effectiveness of foreign investment contracts according to law, and promote fair competition between domestic and foreign-funded enterprises. We will promote the construction of an extraterritorial applicable legal system in China and protect the legitimate rights and interests of "going out" enterprises and citizens according to law.

　　6. Improve the rescue and withdrawal mechanism of market players. Adhere to the direction of marketization, rule of law, specialization and informatization in bankruptcy trials, handle bankruptcy cases steadily according to law, and promote the survival of the fittest. Adhere to the policy of accurate identification and classification, actively apply bankruptcy reorganization and bankruptcy reconciliation procedures to enterprises that are in financial difficulties but still have development prospects and rescue value, promote the optimal combination of production factors and the transformation and upgrading of enterprises, revitalize enterprises and make the allocation of market resources more efficient. Actively promote the improvement of bankruptcy legal system and supporting mechanism, improve the orderly connection mechanism between implementation and bankruptcy work, promote the revision of enterprise bankruptcy law and individual bankruptcy legislation, promote the establishment of bankruptcy administrators association and special fund for bankruptcy expenses, and promote the establishment of a normalized coordination mechanism of "government-hospital linkage".

　　7. Timely cash in the rights and interests of market participants in accordance with the law. We will further improve and perfect the overall pattern of comprehensive management of implementation difficulties, strengthen the comprehensive management of implementation difficulties and the evaluation of source management, promote the integration of implementation work into grass-roots grid management, improve the coordination mechanism of trial and execution, and ensure that the goal of "effectively solving implementation difficulties" is realized as scheduled. Further strengthen the implementation of information construction, expand and upgrade system functions, strengthen the management of implementation nodes, and improve the automation and intelligence level of implementation process supervision. Explore the establishment of a system of lawyers investigating the property of the executed person, and promote the implementation of systems such as entrusted audit investigation, notarization and evidence collection, and reward reporting. Explore the establishment of an accountability mechanism for failing to perform the obligation of assisting in execution, establish a system to prevent and stop evasion of execution, and punish illegal acts according to law. Cooperate with the legislative work of enforcement law, formulate or revise judicial interpretations such as the enforcement of creditor’s rights, and improve the system of enforcement laws and regulations.

　　Third, help build a unified factor and resource market

　　8. Support and improve the unified land market in urban and rural areas. Properly handle disputes involving "separation of powers" of rural land, and promote the orderly transfer of land management rights. According to the law, we will try disputes over the entry of rural collective construction land into the market, and support the acceleration of the construction of a unified urban and rural construction land market with the same rights and prices, smooth circulation and revenue sharing. With the goal of revitalizing the use of land, properly handle cases involving the disposal of land assets in the reform and restructuring of state-owned enterprises and institutions, the determination of property rights of land assets allocated in stock, and listing transactions. Trial of disputes over the transfer, lease and mortgage of the right to use construction land according to law to ensure the standardized and efficient use of construction land. Adapt to the adjustment of land supply policy, and unify the judgment scale of disputes over the transfer and transfer of state-owned land use rights.

　　9. Support the development of a unified capital market. Severely punish financial crimes such as market manipulation, insider trading, illegal fund-raising, loan fraud and money laundering according to law, and promote the healthy development of the financial market. Properly handle cases such as financial loan contracts, securities, futures transactions and bill disputes, and standardize the order of investment and financing in the capital market. Handle disputes related to supply chain finance, internet finance, disposal of non-performing assets, private investment funds and other issues in accordance with the law to help prevent and resolve financial risks. We will improve the trial rules for new disputes such as private equity investment, entrusted wealth management, asset securitization and cross-border financial asset transactions, strengthen the research on legal issues such as digital currency and mobile payment, and serve to ensure the innovative development of the financial industry.

　　10. Support the construction of a unified technology and data market. Strengthen the judicial protection of ownership, use right, disposal right and income right of scientific and technological achievements, properly handle disputes arising from the determination of ownership, right transfer, right pledge, value determination and benefit distribution of scientific and technological achievements, and support the market-oriented application of scientific and technological innovations according to law. Protect the legitimate rights and interests of data owners on data control, processing and income, as well as the property rights and interests of data products developed by data element market participants on the basis of legally collected and self-generated data, properly handle all kinds of cases arising from data transactions and unfair competition in the data market, and provide judicial guarantee for cultivating data-driven cross-border integration, co-creation and sharing, and fair competition in the data element market. Strengthen the research on legal issues such as the attribute, form, ownership and public data sharing mechanism of data property rights, and accelerate the improvement of judicial protection rules for data property rights.

　　11. Support the construction of a unified national energy and ecological environment market. We will try disputes involving oil and gas futures products, natural gas, electricity and coal trading according to law, severely punish illegal and criminal acts such as oil and gas, natural gas, electricity and coal exploitation and illegal trading according to law, and promote the legal and orderly development and utilization of resources. Study and issue judicial policies to help peak carbon dioxide emissions achieve carbon neutrality, properly handle disputes concerning carbon emission quotas, voluntary emission reduction trading, carbon trading product guarantee, corporate environmental information disclosure, carbon-related green credit and green finance, and help improve the carbon emission trading mechanism. Fully and accurately apply the green principles and green clauses of the Civil Code, sort out new formats, new ownership and new problems in the field of carbon emission, and improve the arbitration rules for disputes concerning carbon emission rights, water rights, emission rights and energy use rights. Study and apply alternative compensation methods such as carbon sequestration subscription and technological transformation deduction, and guide enterprises to upgrade their production equipment and technology in a green way.

　　Four, according to the law to maintain a unified market trading rules.

　　12. Optimize the judicial guarantee mechanism for the business environment. The rule of law is the best business environment. According to the requirements of accelerating the construction of a unified national market, we will explore the establishment of an index system for the business environment of judicial service guarantee in line with China’s national conditions and international standards, and increase the proportion of the construction of the business environment of service guarantee in the evaluation work. Judicial interpretation and judicial policy on the construction of service guarantee business environment were introduced. Cooperate with relevant functional departments to carry out the pilot work of business environment innovation, formulate the implementation plan for building a business environment ruled by law, and establish a regular business environment consultation mechanism. Relying on judicial big data, establish a legal business environment analysis and judgment mechanism. Strengthen the publicity of judicial protection of business environment to boost the investment confidence of operators. Explore the establishment of the people’s court to optimize the business environment expert advisory Committee.

　　13. Help create a fair and honest trading environment. We will earnestly implement the Civil Code, issue a judicial interpretation of civil code contracts, implement the principles of freedom of contract, honesty and credit, protect legitimate trading behaviors, smooth the circulation of goods and services, and reduce market transaction costs. We will improve the supporting mechanism to promote the deep integration of socialist core values into trial execution, give full play to the functions of judicial adjudication in distinguishing right from wrong, punishing evil and promoting good, balancing interests, and dividing up disputes, and guide market participants to enhance their awareness of the rule of law, public awareness and rules. Establish a mechanism of prevention, identification and punishment in false litigation, and severely punish false litigation’s illegal and criminal acts according to law. Strengthen the credit punishment of those who have broken promises, improve the credit punishment system, refine the grading mechanism of credit punishment, revise and improve the regulations on the management of the list of those who have broken promises, and explore the establishment of trustworthy incentives and credit repair systems for those who have broken promises. Explore the deep integration path between the construction of social credit system and the trial execution of people’s courts, and promote the establishment and improvement of the collection, sharing and use mechanism of judicial big data related to the credit information of market entities.

　　14. Support the integration of regional markets. We will improve major regional strategies, develop judicial services and guarantee mechanisms in a coordinated manner, support Beijing-Tianjin-Hebei, Yangtze River Delta, Guangdong-Hong Kong-Macao Greater Bay Area, Chengdu-Chongqing twin-city economic circle and urban agglomerations in the middle reaches of the Yangtze River in accordance with the law, and give priority to the construction of regional market integration on the premise of maintaining a unified national market. Give full play to the role of the the Supreme People’s Court Circuit Court, improve the working mechanisms such as resource sharing, joint meetings and judge exchanges in the Circuit Court, and actively explore new ways of regional judicial cooperation. Improve the cross-domain judicial linkage and cooperation mechanism, and actively promote the typical experience and practice of judicial service to ensure regional market integration.

　　15 to promote the mainland and Hong Kong and Macao, the mainland and Taiwan Province rules convergence mechanism docking. Strengthen trials involving Hong Kong, Macao and Taiwan, and explore the establishment of a centralized jurisdiction mechanism for commercial cases involving Hong Kong, Macao and Taiwan. Strengthen mutual legal assistance, implement the arrangement of mutual assistance and preservation in arbitration procedures between the Mainland and Macao, and implement the mechanism of mutual recognition and assistance in bankruptcy procedures between the Mainland and Hong Kong. Explore and simplify the procedures for judicial confirmation of the qualifications of litigation subjects in Hong Kong and Macao and the examination and determination of litigation evidence, expand the channels for cross-border delivery of litigation documents in cases involving Hong Kong and Macao, and broaden the legal channels for mutual entrustment between the mainland and Hong Kong and Macao. We will promote the establishment of a unified certification mechanism for mediation organizations and mediators in Shenzhen, Hong Kong and Macao, improve the system of Hong Kong and Macao people serving as invited mediators and jurors, and safeguard the right of qualified Hong Kong and Macao lawyers to practice in Guangdong-Hong Kong-Macao Greater Bay Area according to law. We will improve the judicial exchange mechanism with Hong Kong, Macao and Taiwan, promote the establishment of a normalization mechanism for the professional discussion of judges in Guangdong, Hong Kong and Macao, and support the courts on both sides of the Taiwan Strait to carry out practical exchanges.

　　16. Strengthen the convergence between domestic laws and international rules. Adhere to the overall promotion of domestic and foreign-related rule of law, vigorously promote the modernization of foreign-related trial system and trial capacity, strengthen the trial guidance of major foreign-related civil and commercial cases, explore the multilingual publication of foreign-related civil and commercial guidance cases, and expand the international influence and credibility of China judicial decisions. We will implement the strategy of maritime trial excellence, accelerate the construction of an international maritime judicial center, explore and improve the trial rules for new types of cases, such as the opening of shipping business, international ship registration, coastal piggyback, and ship financial leasing, so as to create an optimal place for the settlement of international maritime disputes. Strengthen cooperation with relevant international organizations, countries and regions in the judicial field, and intensify the crackdown on cross-border crimes such as smuggling, money laundering, online fraud and cross-border corruption. Actively participate in the formulation of international rules in the fields of international trade, intellectual property rights, environmental protection and cyberspace, and enhance China’s right to speak in international economic governance.

　　V. Help promote high-level unification of goods and services markets.

　　17. Strengthen judicial protection of intellectual property rights. Strengthen the judicial protection of intellectual property rights, serve to ensure scientific and technological innovation and the development of emerging industries, and lead and create new demand with innovation-driven and high-quality supply. We will continue to increase judicial protection of key areas, key core technologies of emerging industries and original innovations of innovative small and medium-sized enterprises. Strictly implement the systems of punitive damages and behavior preservation for intellectual property infringement, and effectively curb intellectual property infringement. Promote the improvement of litigation norms that conform to the trial rules of intellectual property cases, improve the cross-regional jurisdiction system of intellectual property courts, smooth the docking mechanism of intellectual property litigation, arbitration and mediation, and improve the docking mechanism of intellectual property administrative law enforcement and justice.

　　18. Protect the rights and interests of workers according to law. Properly handle cases such as disputes over equal employment rights, promote the elimination of employment discrimination such as household registration, region, identity and gender, and promote the smooth flow of labor and talents across regions. Strengthen the judicial protection of cross-border employment, and accurately identify the validity of labor contracts signed between Hong Kong, Macao and Taiwan residents who have not applied for employment certificates and mainland employers. We will introduce a judicial policy to guarantee the country’s new urbanization and protect the legitimate rights and interests of migrant workers in accordance with the law. Study and introduce judicial interpretations of civil disputes involving new formats, and strengthen the protection of labor rights and interests of employees in new formats. Actively carry out special actions to eradicate wage arrears, severely punish illegal and criminal acts of refusing to pay labor remuneration according to law, and intensify the trial and enforcement of wage arrears cases. Promote the improvement of the labor dispute settlement system.

　　19. Help improve the quality of goods. Resolutely punish illegal and criminal acts such as manufacturing and selling fake and shoddy goods and endangering food and drug safety. Strictly punish crimes that endanger the safety of seed industry, such as counterfeiting, selling fake products, infringement of registration cards, and endangering germplasm resources, and promote the unified protection of national seed resources. We will try cases of contract and infringement disputes caused by commodity quality according to law, accurately apply the punitive damages system, and pay attention to the use of civil means to promote commodity quality. To hear administrative disputes over product quality according to law, support administrative organs to deepen the reform of quality certification system, and strengthen the management of the whole supply chain, the whole industry chain and the whole product life cycle. To study and formulate judicial interpretations for the trial of crimes endangering production safety, and promote the continuous improvement of the situation of production safety.

　　20. Support to improve the quality of consumer services. We will improve the judicial policy support system for expanding domestic demand and actively create a legal environment conducive to comprehensively promoting consumption. Severely punish prepaid consumer fraud crimes, properly handle consumer rights protection disputes in key areas of people’s livelihood such as housing, education and training, medical and health care, and old-age care, and improve people’s sense of consumer security and satisfaction. Improve the trial rules of consumer cases such as online consumption and service consumption, and ensure the upgrading of consumption and the development of new consumption patterns and new formats. Optimize the trial mechanism of consumer dispute cases, explore the establishment of a class action system for consumer rights protection, improve the consumer public interest litigation system, promote the establishment of a linkage mechanism between consumer rights protection departments, and promote the source management of consumer disputes.

　　Six, earnestly safeguard the unified market competition order.

　　21. Combat monopoly and unfair competition according to law. Strengthen judicial anti-monopoly and anti-unfair competition, stop monopolistic behaviors such as monopoly agreements and abuse of market dominance in accordance with the law, severely crack down on unfair competition behaviors such as infringement of trade secrets, malicious cybersquatting of trademarks, and clinging to counterfeiting, and strengthen the trial of unfair competition cases in key areas such as scientific and technological innovation, information security, and people’s livelihood security. Strengthen the judicial regulation of monopoly of platform enterprises, promptly stop using data, algorithms and technical means to exclude and restrict competitive behaviors, and severely punish compulsory "two-in-one", big data killing, low-price dumping, compulsory tying and other behaviors that undermine fair competition and disrupt market order to prevent platform monopoly and disorderly expansion of capital. Severely crack down on self-media operators’ extortion of enterprises with the influence of public opinion, as well as unfair competition behaviors such as maliciously slandering business reputation and commodity reputation. We will improve the adjudication rules of competition cases and introduce judicial interpretations of anti-monopoly civil litigation in due course.

　　22 supervision and support administrative organs to strengthen unified market supervision and law enforcement. Revise and improve the judicial interpretation of handling government information disclosure cases, try government information disclosure cases in the field of market supervision according to law, and promote administrative organs to disclose market supervision rules in strict accordance with legal authority and procedures. Properly handle cases of administrative disputes involving discretionary market supervision, authorized supervision and law enforcement, and cross-administrative joint law enforcement according to law, and supervise and support administrative organs to improve comprehensive law enforcement efficiency and fair and just law enforcement. Strengthen cooperation with procuratorial organs, and jointly promote the market supervision department to improve the supervision system with clear rights and responsibilities, clear division of labor and smooth operation by hearing administrative public interest litigation cases and sending judicial suggestions. Strengthen communication and cooperation with market supervision and law enforcement departments, and promote the unification of administrative adjudication rules and law enforcement standards in the field of market supervision.

　　23. Punish illegal and criminal acts that disrupt market order according to law. We will study and formulate judicial interpretations for the trial of tax-related crimes, punish illegal and criminal acts such as tax evasion, tax refusal, tax fraud, and falsely issuing special invoices for value-added tax according to law, and increase the punishment for tax evasion by using "yin-yang contracts" and tax evasion by high-net-worth people in the entertainment field. Strengthen cooperation with tax, public security and other departments in law enforcement and justice, and promote the improvement of tax supervision system. Accurately grasp the criteria for committing crimes such as contract fraud and forced trading, determine the validity of relevant contracts according to law, and safeguard the autonomy of market participants. False litigation will be severely punished according to law for evading debts, false bankruptcy and swindling property. To study and formulate judicial interpretations for the trial of criminal cases of illegal business operations, and strictly regulate the conviction and sentencing standards for criminal cases of illegal business operations. To study and formulate judicial interpretations of applicable laws in handling criminal cases of dereliction of duty, and make provisions on the handling of dereliction of duty crimes by state staff that hinder the development of market economy.

　　24. Help promote epidemic prevention and control and economic and social development. Severely punish crimes such as using epidemic situation to defraud, drive up prices, hoard, spread rumors and make troubles, and manufacture and sell counterfeit and inferior drugs, medical devices and medical and health materials according to law, and maintain the production and living order during the epidemic prevention and control period. Properly handle disputes such as contract breach and corporate debt caused by the epidemic, accurately apply the force majeure rules, and reasonably balance the interests of the parties. Accurate service "six stables" and "six guarantees", properly handle civil and commercial disputes such as labor and employment, purchase and sale contracts, and store leasing caused by the epidemic, continuously improve the judicial policy of benefiting people and enterprises, and help industries, small and medium-sized enterprises and individual industrial and commercial households that have been severely affected by the epidemic to solve problems.

　　Seven, improve the judicial service and security mechanism.

　　25. Deepen the reform of the litigation system. In strict accordance with the requirements of reform and deployment, we will systematically promote various work measures for the comprehensive reform of the judicial system, and effectively meet the judicial needs of market participants for efficient, convenient and fair settlement of disputes. Strengthen the concept of protecting the right of action and resolutely implement the registration system. We will steadily promote the reform of the trial-level function of the four-level courts, optimize the jurisdiction standards of civil and commercial cases and administrative cases, improve the retrial application procedures and filing standards, improve the mechanism of transferring cases to jurisdiction and upgrading the trial, and promote the cases that have universal guiding significance for the application of laws and are related to social and public interests to be tried by higher-level courts. Conscientiously implement the newly revised Civil Procedure Law, make full use of the reform results of the diversion of complexity and simplification, and issue judicial interpretations on the applicable legal issues of civil speedy adjudication, so as to further promote the diversion of complexity and simplification, the separation of light and heavy cases, and the separation of speed and speed.

　　26. Improve the working mechanism of unified law application. Strengthen the management of judicial interpretation, improve the case guidance system, establish a national unified application platform for court laws, build a database of judgment rules for similar cases, implement a compulsory retrieval system for similar cases and new types of cases, improve the working mechanism of collegiate panels and professional judges’ meetings, give full play to the responsibilities of judicial committees, and build a multi-level and three-dimensional mechanism for resolving differences in the application of laws. Improve and perfect the system of judicial openness, and increase the integration of the four platforms of judicial openness. We will promote the construction of a judicial supervision system, comprehensively implement the list of judicial powers and responsibilities and the guidance system for performing their duties, improve the supervision mechanism for identifying "four types of cases", and build a scientific and reasonable system for identifying and investigating judicial responsibilities.

　　27. Deepen the construction of one-stop diversified dispute resolution and litigation service system. Adhere to and develop the "Maple Bridge Experience" in the new era, put the non-litigation dispute resolution mechanism ahead, promote systematic, comprehensive and source management of contradictions and disputes, and effectively reduce the cost of dispute resolution for market participants. Highlight the five keys of one stop, intensive, integrated, online and integrated, and build a modern litigation service system that is intensive and efficient, diversified, convenient and beneficial to the people, intelligent and accurate, open and interactive, and blended and shared. Give play to the integrated role of the people’s court mediation platform, improve the linkage system of judicial mediation, people’s mediation and administrative mediation, and strengthen the substantive docking of litigation and non-litigation. Increase the intensity of online video mediation, establish and improve professional mediation mechanisms such as labor disputes, finance and insurance, securities and futures, and intellectual property rights.

　　28. Strengthen the construction of Internet justice and smart courts. Promote the deep integration of the Internet, big data, artificial intelligence, blockchain and trial execution, take the judicial data center and the brains of smart courts as the traction, promote intelligent collaborative applications, expand data knowledge services, build an integrated cloud network facility, and improve the quality and efficiency operation and maintenance level. We will promote the implementation of Online Litigation Rules of People’s Courts, Online Mediation Rules of People’s Courts and Online Operation Rules of People’s Courts, further improve and perfect online judicial procedures, optimize the platform construction, and promote the maturity and finalization of the Internet judicial model. Deepen the construction of Internet courts, promote the improvement of the setting of Internet courts and the jurisdiction of cases, and give full play to the normative leading role of Internet courts in establishing rules, improving systems and network governance.

　　29. Improve the level of service guarantee capacity. Firmly adhere to the party’s absolute leadership over judicial work, adhere to the leadership of party building to promote trials, and promote the deep integration and mutual promotion of party building and trial business. Intensify the training of high-level trial talents in the fields of intellectual property, environmental resources, foreign-related rule of law, bankruptcy, finance, anti-monopoly, etc., and train a group of trial business experts who are firmly rooted in market-oriented thinking and proficient in related fields. Through education and training, case guidance, exchange and discussion, etc., we will strengthen the guidance of trial business in related fields, and the Supreme People’s Court will timely release guiding cases and typical cases in related fields. Make full use of various research platforms and resources of the people’s courts, strengthen investigation and research on major issues, and introduce high-quality research results.

　　30. Strengthen the organization and implementation guarantee. The people’s courts at all levels should take the service guarantee to speed up the construction of the national unified market as a major political task, put it on the important agenda of the party group, study and solve new situations and new problems in the promotion of work in a timely manner, and carry out self-examination and clean-up on whether there are provisions and actual conditions that hinder the construction of the national unified market. All relevant departments in the Supreme People’s Court should strengthen the guidance of each line, and local courts should combine the actual economic and social development of the region, refine and improve the service guarantee measures, and introduce new measures to ensure the effectiveness of various service guarantee measures. It is necessary to conscientiously sum up the good experience and good practices of judicial services to ensure the construction of a unified national market, publicize, summarize and promote it in a multi-media and three-dimensional manner, and create a good public opinion atmosphere for accelerating the construction of a unified national market.

the Supreme People’s Court

July 14th, 2022

　　BEIJING, May 7 (Xinhua) According to official website, the Education Department of Hainan Province, in view of the recent sudden death of teachers and students caused by running and wearing masks in some schools inside and outside Hainan Province, combined with the actual situation of rising temperature and hot climate in Hainan, the Education Department of Hainan Province requires all schools in various places to keep a distance of more than 1 meter between personnel when organizing students to go to physical education class and carry out sports activities, without wearing masks.

　　Recently, physical education class and sports activities will be carried out normally after the opening of schools all over Hainan Province. In view of the recent sudden death of teachers and students caused by running and wearing masks in some schools inside and outside Hainan Province, combined with the actual situation of rising temperature and hot climate in Hainan, the Education Department of Hainan Province will inform students about organizing safe physical education class and carrying out sports activities during the epidemic as follows:

　　First, schools around the country should attach great importance to the safety of teachers and students, firmly establish the concept of "life and health first". During the epidemic, it is necessary to strictly implement the requirements of the Notice of the Office of the Leading Group for the Response of the Ministry of Education to the COVID-19 Epidemic on the Suspension and Resumption of Large-scale Sports Activities and Gathering Activities during COVID-19, and effectively run physical education class and carry out sports activities.

　　Second, all localities and schools should, in combination with the actual situation of epidemic prevention and control, organize students to carry out physical education class and extracurricular sports activities with moderate or lower intensity in indoor or shady places with suitable temperature, such as skipping rope, long jump, table tennis, badminton and shuttlecock kicking, so as to avoid safety accidents caused by factors such as excessive exposure and intensity, and ensure students to effectively participate in sports promotion.

　　Three, all schools in physical education class and organize students to carry out sports activities, personnel should keep a distance of more than 1 meter, do not wear masks. Schools arrange outdoor physical education class time to avoid high temperature at noon as much as possible, and physical education courses can be adjusted to cloudy or cool days.

　　Fourth, students don’t wear masks when they sleep.

On May 16th, the State Council held a press conference on the operation of the national economy in April, 2022. Fu Linghui, spokesperson of the National Bureau of Statistics and director of the General Statistics Department of the National Economy, said that although the increase in consumer prices has expanded recently, on the whole, the market supply capacity of goods and services in China is relatively sufficient, and there are many favorable conditions for maintaining price stability.

First, food prices are stable and have a foundation. Recently, international food prices have been rising, but the domestic situation has remained generally stable. China’s grain production has been stable at more than 1.3 trillion Jin for seven consecutive years, and its inventory is relatively sufficient. The output of two kinds of rations, rice and wheat, has exceeded the demand for many years in a row, and a small amount of imports are mainly for variety adjustment. Corn and soybean have a certain import volume, which will be affected by the international market to a certain extent, but the impact is limited. Since the beginning of this year, China’s grain production situation has continued to improve, and there is a good foundation for maintaining stable grain prices. At present, the pig production capacity is relatively sufficient, and the pork price is still declining year-on-year. In the later period, due to the gradual adjustment of pig production capacity, the pork price will pick up, but the range is limited.

Second, the energy supply is stable and secure. China’s oil and natural gas exploitation ratio is relatively high, and the rising price of international energy products will increase the import cost to a certain extent, bring import influence to some industries, and increase the pressure of cost-driven price increase. However, it should be noted that China’s main energy source is coal, while China’s coal reserves are relatively rich and its production capacity is strong. With the gradual release of advanced coal production capacity, it is conducive to curbing the rise in energy prices. Judging from the situation in April, the year-on-year price increase of China’s coal mining and washing industry dropped by 0.5 percentage points from last month. In April, China’s coal output increased by 10.7% year on year.

Third, the supply capacity of most industrial consumer goods is sufficient. China has a complete industrial system and strong supporting capacity, and the output of major industrial products is in the forefront of the world, laying a solid foundation for product price stability. According to the data in April, the price of industrial consumer goods rose by 3.9% year-on-year, with an increase of 0.4 percentage points over the previous month. The increase was mainly affected by the price of gasoline and diesel. After deducting energy, the price of industrial consumer goods rose by 0.1% month-on-month and 0.7% year-on-year, all of which were relatively low, indicating that the supply capacity of industrial consumer goods in China is relatively abundant.

In addition, the service consumption is still recovering, and the price increase is relatively low. In addition, the efforts to ensure supply and stabilize prices in the market are increasing. Generally speaking, there is a good foundation for China’s price stability.

　　"Please do a good job in influenza prevention for the next period of time, especially for the elderly and students with low immunity." Last night, Fuzhou CDC issued a reminder, and the monitoring data showed that the peak period of influenza virus epidemic in our city is generally from December to February of the following year. Recently, the influenza activity in our city has been on the rise, and it has entered the high influenza epidemic season. According to the monitoring data of influenza-like cases in sentinel hospitals in our city, the positive detection rate of subtype A H3N2 is relatively high at present. This shows that the prevalent influenza strains are mainly subtype A H3N2, which is consistent with the national influenza epidemic situation.

　　The chief culprit of influenza is influenza virus, which belongs to orthomyxoviridae and is divided into four types: A, B, C and D (or A, B, C and D). At present, the viruses that cause seasonal influenza epidemic are H1N1 and H3N2 subtypes of influenza A virus and Victoria and Yamagata strains of influenza B virus. Among them, influenza A virus antigen is frequently mutated and highly contagious, which is the main culprit causing influenza epidemic.

　　Typical symptoms after infection can be as follows: fever, headache, myalgia and general malaise, and the body temperature can reach above 39℃. May be accompanied by chills, chills, cough, sore throat, stuffy nose, runny nose, discomfort behind the sternum, facial flushing, conjunctival congestion and other symptoms.

　　Children usually have higher fever than adults. When children suffer from influenza B, nausea, vomiting, diarrhea and other gastrointestinal symptoms are more common than adults. Newborns may only show drowsiness, milk refusal, apnea and so on.

　　The condition of mild or asymptomatic infected people is self-limited, and the fever gradually subsides after 3 to 5 days of onset, and the systemic symptoms improve.

　　A very small number of children infected with influenza will progress to severe influenza, causing laryngitis, pneumonia, encephalopathy, myocarditis and so on.

　　People are generally susceptible to influenza virus. Most people infected with influenza are self-limited, but some people are at higher risk of serious complications after infection, including the elderly over 60 years old, children under 5 years old, pregnant women and patients with basic diseases.

　　How to scientifically prevent influenza? Fuzhou disease control experts reminded that influenza vaccination is the most economical and effective measure to prevent influenza. It is recommended that all people who are over 6 months old and have no contraindications should be vaccinated with influenza vaccine. Priority is given to the elderly aged 60 and above, children aged 6 months to 5 years, pregnant women, family members and caregivers of children under 6 months, patients with chronic diseases, medical staff, and people in key places (including vulnerable people and employees in crowded places such as kindergartens, primary and secondary schools, old-age care institutions, long-term care institutions, welfare homes, etc.).

　　Because influenza virus is easy to mutate, the epidemic strains may be different every year, and the protective antibody produced after vaccination will weaken with time, so it is necessary to vaccinate influenza vaccine every year to obtain lasting immunity.

　　If you open the column,

　　The 19th National Congress of the Communist Party of China put forward that China’s economy has changed from a high-speed growth stage to a high-quality development stage, and it is in the key period of changing the development mode, optimizing the economic structure and transforming the growth momentum. Building a modern economic system is an urgent requirement for crossing the barrier and a strategic goal for China’s development.

　　In order to better understand and implement the spirit of the 19th National Congress, this edition will launch a series of reports on "Focusing on the 19th National Congress Report and Turning to the Stage of High-quality Development", and invite experts to discuss relevant issues, so please pay attention.

　　The just-concluded 19th National Congress of the Communist Party of China made a historic conclusion that "China’s economy has shifted from a high-speed growth stage to a high-quality development stage".

　　Why did China’s economy turn to a high-quality development stage? Compared with the high-speed growth stage, what new changes and trends will be presented in the new stage? In the process of turning to the stage of high-quality development, how can we seize the opportunity, tackle key problems, win the victory and build a well-off society in an all-round way, and advance towards the goal of "two hundred years"?

　　How to understand "turning to high-quality development"

　　Emphasize quality rather than speed, and development rather than growth.

　　From the high-speed growth stage to the high-quality development stage, China’s economy has once again made a clear path choice.

　　— — Change the development mode, realize intensive economic growth and improve total factor productivity.

　　“‘ Turn to high-quality development ’ The essential meaning of this assertion is that China’s economy has changed from extensive high-speed growth mainly relying on increasing the consumption of material resources to intensive growth mainly relying on technological progress, improving management and improving the quality of workers. " According to Zheng Xinli, executive vice president of China International Economic Exchange Center, it is an epoch-making change for the economy to shift from a high-speed growth stage to a high-quality development stage.

　　"China’s economic development is no longer entangled in whether the economic growth rate is faster or slower. Instead, it is to improve the total factor productivity and promote the quality change, efficiency change and power change of economic development." Zheng Xinli stressed.

　　In 2016, China’s "Top 100 Counties" created more than 11% of the country’s GDP； with 2% of the country’s land area and 6% of the population; The per capita disposable income of urban residents is 39,165 yuan, which is 16.5% higher than the national average. The per capita total retail sales of social consumer goods is 31,000 yuan, which is 29% higher than the national average. Throughout the development of "Top 100 Counties", all of them have changed from the extensive development mode driven by original resources and investment to the intensive development mode driven by innovation, which ushered in a brand-new development opportunity.

　　“‘ High-quality development stage ’ In terms of industrial structure, it has changed from resource-intensive and labor-intensive industries to technology-intensive and knowledge-intensive industries. In terms of product structure, from low-tech products with low added value to high-tech products with high added value; In terms of economic benefits, it has changed from high cost and low benefit to low cost and high benefit; In the ecological environment, it has changed from high emission and pollution to circular economy and environment-friendly economy. In the end, it will be reflected in the continuous strengthening of the country’s economic strength and the rapid increase of residents’ income. " Zheng Xinli said.

　　— — Enrich the connotation of development, aim at fuller and more balanced development, and enhance people’s sense of gain.

　　From the result-oriented perspective, the "high-quality development stage" highlights the people’s sense of gain. Gao Peiyong, director of the Economic Research Institute of China Academy of Social Sciences, pointed out that "high speed" refers to quantity or scale, which is often the goal of the primary stage of economic development, and is used to mark "fast and unhappy"; "High quality" is the goal that will only be achieved after the economic development reaches a certain level. Emphasizing quality and efficiency is the answer to "good".

　　"Growth only refers to the expansion of the economic aggregate; The connotation of development is richer, in order to meet the people’s growing needs for a better life. " Gao Peiyong said that China has solved the problem of food and clothing for more than one billion people, achieved a well-off society on the whole, and will soon build a well-off society in an all-round way. The people have not only put forward higher requirements for material and cultural life, but also increasingly demanded democracy, the rule of law, fairness, justice, security and the environment. Therefore, economic development should change from simply pursuing total expansion to meeting people’s higher standards and more diversified needs.

　　Why do you propose "turning to high-quality development" now?

　　Facing the contradictions in the new era and breaking through the bottleneck of development

　　Historically, economic development is repeating "prosperity — Recession — Recovery — At the same time, we should take the progress of science and technology, human resources and other factors as new kinetic energy, solve the deep-seated contradictions that restrict economic development, and realize the overall upward trend. "From the high-speed growth stage to the high-quality development stage" is a necessary choice and urgent task for us to face the main contradiction in the new era and adapt to the new economic normal.

　　— — The main contradiction at this stage requires us to give up speed preference and attach importance to development quality.

　　Gao Peiyong believes that the important conclusion of "changing from a high-speed growth stage to a high-quality development stage" is consistent with the fact that the main contradiction in our society has changed into the contradiction between the people’s growing need for a better life and the unbalanced development.

　　At present, the total consumption of energy and raw materials in China is too large, and the energy consumption per unit GDP is too high. "The growth of extensive economic has put increasing pressure on resources and the environment, and such a growth model is difficult to sustain." Zheng Xinli pointed out.

　　In recent years, large areas of haze weather have appeared in North China and East China, and the incidence of some diseases related to environmental pollution has increased. "If development needs to pay the price of people’s health, it goes against the original intention of development. The 19 th National Congress of the Communist Party of China proposed to turn to a high-quality development stage, which is to respond to the concerns of the people and face the deep-seated contradictions of economic development. " Zheng Xinli said.

　　"China’s economy has maintained high growth for decades, creating a lot of social wealth, and Chinese has gained great benefits from the reform and opening up. However, due to the imperfect market economic system and the imperfect distribution system, some social and economic problems worthy of attention have emerged, such as the urban-rural gap, the regional gap, and the industry gap. The people’s demands for coordinated development and balanced development have been continuously improved. " Wang Yukai, a member of the National Informatization Expert Advisory Committee, believes that we must pay attention to the transformation of major social contradictions, change the mode of production, adjust the pattern of interests, increase the cohesion and centripetal force of the nation, and stimulate the creativity and development vitality of the whole society, so as to achieve higher quality, more efficient, fairer and more sustainable development.

　　— — Shifting from a high-speed growth stage to a high-quality development stage is also a realistic choice to actively adapt to the new economic normal and break through the bottleneck of development.

　　"We must adapt to the new normal of economic growth and shift gears and maintain a strategically normal mentality. We must downplay the speed ‘ Obsession ’ Strengthen quality awareness, optimize factor input, and promote coordination in all aspects of modernization. " Bai Jingming, vice president of China Academy of Fiscal Science, believes that relying on advanced elements such as talents, technology, knowledge and information, and driven by innovation, we can eliminate the adverse effects of globalization dividend and China’s declining demographic dividend, break through the bottleneck constraints of resources, energy and environment, and realize the transformation of old and new kinetic energy as soon as possible.

　　How to "turn to high-quality development"

　　Having won the first battle, we should persist in changing the development mode, optimizing the economic structure and transforming the growth momentum in the future.

　　"From high-speed growth to high-quality development, we are confident and experienced." Bai Jingming pointed out that at present, the traditional industries are full of vitality, the new industries have a strong momentum, and the new economy is accelerating. China’s economic restructuring is gradually coming out of the painful period and entering the harvest period. "In the first three quarters of 2016, the income tax of industrial enterprises was 584.3 billion yuan, an increase of only 0.6%; In the same period of this year, the income tax of industrial enterprises increased by 21.3% year-on-year, which was particularly obvious. There are factors such as a low base last year and rising prices this year, but more importantly, enterprises have taken the initiative to adjust their structure and the added value of high-tech industries has increased substantially. "

　　Since the 18th National Congress of the Communist Party of China, innovation and development have released strong kinetic energy and created one "China Miracle" after another; Coordinate development to make up for shortcomings and make development more stable; Green development is firmly advanced, and man and nature are more harmonious; Open development will achieve mutual benefit and win-win results, and the development world will be broader; Sharing development enhances people’s well-being, and social fairness and justice are more prominent … … Practice has fully proved that we have won the first battle and stood on the platform of "high quality development" in the new era.

　　However, we still face many challenges from high-speed growth to high-quality development.

　　For example, there are still a considerable amount of capital, land and labor resources, which are deposited in industries with serious excess capacity and high pollution, which has dragged down economic transformation and efficiency improvement. Through supply-side structural reform, these essential resources should be gradually transferred and injected into emerging and green industries.

　　Another example is that decentralization has achieved remarkable results, and enterprises have gone into battle lightly, but the interconnection of information systems between various departments and governments at all levels needs to be accelerated. "A national unified government service platform should be formed so that enterprises and the masses can feel more about ‘ Streamline administration, delegate power, strengthen regulation and improve services ’ The effectiveness of the reform, in addition to the disadvantages of annoyance, the implementation of fair policies, and the opening of the door to convenience. " Wang Yukai said.

　　For another example, green development still has a long way to go. Judging from the cases exposed by the Central Environmental Protection Inspector Group in the past two years, some places still have stubborn diseases and bad habits of sacrificing green mountains and green hills for Jinshan Yinshan.

　　The stage of high-quality development is irreversible, and the task of high-quality development cannot wait, so we need to roll up our sleeves and work hard.

　　The report of the 19th National Congress of the Communist Party of China put forward six strategic measures, including deepening supply-side structural reform to promote the transformation and upgrading of industrial structure and product structure; Accelerate the construction of an innovative country, and promote the improvement of quality and efficiency with independent innovation technology; Implement rural revitalization strategy and regional coordinated development strategy to solve the problem of unbalanced and insufficient economic development and release new kinetic energy of economic development; Accelerate the improvement of the socialist market economic system, establish institutional mechanisms conducive to improving the quality of economic development and improving the ecological environment, and enhance the vitality of economic development; Promote the formation of a new pattern of comprehensive opening up and make better use of global markets and resources.

　　"In the future, we should still persist in transforming the development mode, optimizing the economic structure and transforming the growth momentum." Gao Peiyong pointed out that in the future, economic development will still shift from extensive growth of scale and speed to intensive growth of quality and efficiency, and from incremental capacity expansion to deep adjustment of adjusting stocks and doing both excellent and incremental; From traditional growth point to new growth point. "These tasks are consistent with the economic policy framework formed since the 18th National Congress of the Communist Party of China, that is, the economic policy framework based on the major judgment of the new normal of economic development, guided by the new development concept and with the supply-side structural reform as the main line. Next, in the process of implementing the spirit of the 19 th National Congress of the Communist Party of China, these policies should be continuously deepened, refined and rigidly implemented. " Gao Peiyong said.