Law

Focus on moving from "individual case judgment" to "rule governance"

2026-03-26   

The order of finance relies on the rule of law. As the national financial management center, Beijing gathers nearly half of the country's financial assets and serves as a core hub for financial institutions and resources. In March 2021, the Beijing Financial Court was unveiled and established. The establishment of financial courts is an important measure to serve and safeguard the implementation of national financial strategies, create a favorable financial legal environment, and promote healthy economic development. ”Zhang Wen, the President of Beijing Financial Court, introduced that in the past five years, Beijing Financial Court has accelerated the modernization of financial trial work, closely connected with the forefront of financial governance needs, strengthened the rule extraction of the first case and new types of cases, and focused on promoting the transformation from "individual case judgment" to "rule based governance". Through professional judiciary, it has set up a legal "traffic light" for the financial market. The "penetrating" trial strengthens the occupational risk protection of new business workers. Delivery riders shuttle through the streets and alleys, providing instant services to thousands of households. Currently, many food delivery riders purchase commercial insurance through platforms to diversify risks and protect their rights and interests. In practice, can the rights and interests of workers in new business formats be smoothly realized in the event of an accident? How should the law 'lend a helping hand'? Tian is a crowdsourcing rider. Before accepting orders every day, Tian must click on the purchase of crowdsourced rider accident insurance (commonly known as "one-day insurance") in the platform system to start working. The premium of 3 yuan will be automatically deducted from Tian's remuneration by the system. Unfortunately, Tian died suddenly in the rented house. When its legal heir Zhou claimed compensation, it was rejected by an insurance company. The insurance policy shows that the policyholder is a platform partner rather than rider Tian. ”The insurance company believes that Tian's situation does not fall under the "working hours and job position" stipulated in the terms. The insurance company has already provided a reminder and explanation of the sudden death insurance benefit clause to the insurance brokerage company, fulfilling the obligation of reminder. We have found that commercial insurance disputes involving riders may involve multiple parties such as insurance companies, food delivery platforms, platform employment cooperation enterprises, insurance brokerage companies, and riders. Insurance companies collaborate with platforms to develop insurance products through industry chain integration, and sell commercial insurance through forms such as' billing and binding insurance ', giving rise to multiple layers of commercial nesting. ”Judge Shu Xiang from the Beijing Financial Court stated that if judged solely based on commercial appearance, there is no direct contractual relationship between the delivery rider and the insurance company. From commercial appearance to substantive fairness, the Beijing Financial Court uses a "penetrating" judicial thinking to analyze the transaction structure and explore the purpose of the contract: focusing on key facts such as "employment facts+fund flow+equity ownership", through "subject penetration" to determine the true legal relationship and insurance liability, and legally confirm Tian as the actual purchaser of the insurance. Does this mean that the claims requirements can be met? The insurance company's use of the 'working hours and job position' in the sudden death insurance benefit clause as a condition for assuming insurance liability essentially limits the scope of insurance coverage and constitutes an implicit exemption clause. ”Shu Xiang stated that if insurance companies want to exclude time and space outside of rider delivery, they should provide relevant terms and clear explanations. In practice, riders must first purchase "one-day insurance" before accepting orders, and the premium is automatically deducted from the rider's remuneration. The insurance brokerage company settles with the insurance company after deducting the brokerage fee. The rider's right to choose and negotiate has been deprived. "The Beijing Financial Court believes that in the absence of evidence showing that the rider was able to understand the insurance terms from insurance brokerage companies or platform employment cooperation enterprises, the insurance company only provided a disclaimer to the insurance brokerage company, and the rider was unable to know the content of the terms. Therefore, the disclaimer clause does not have effect on Tian. In the end, the Beijing Financial Court ordered the insurance company to compensate Zhou with 600000 yuan in insurance benefits. Through a 'penetrating' review process, key exemption conditions were identified to be hidden within multiple layers of nesting, avoiding the risk of 'hollowing out' of workers' insurance rights and responding to the governance challenges of the platform economy, and protecting the legitimate rights and interests of workers in new business formats in accordance with the law. ”Song Yi, Vice President of Beijing Financial Court, stated. Demonstration judgments drive efficient resolution of a large number of related disputes. In order to improve family life, Wang wants to buy a truck to make a living. What if he doesn't have enough money? Through an introduction from a car dealer, Wang learned that financial leasing can solve problems. Simply put, financial leasing means that if you don't have enough money to buy a car, you can find a financial leasing company to help you buy it. Wang then pays the rent to the company in installments, and when the lease term ends, the car belongs to Wang. ”Judge Wang Sisi of Beijing Financial Court introduced that in September 2020, Wang signed an agreement with a leasing company, agreeing on a lease term of 36 months. However, starting from January 2023, Wang continued to default on rent due to business difficulties, triggering the accelerated debt maturity clause, which led to the leasing company filing a lawsuit to recover the debt from truck drivers (lessees), car dealers, and guarantors, demanding payment of rent, liquidated damages, and realization of vehicle mortgage rights. It is understood that there are many truck drivers cooperating with the financing leasing company, reaching tens of thousands. There have been hundreds of people like Wang who have defaulted over the years. If they all enter the litigation process one after another, not only will the judiciary face pressure, but it will also create litigation burden for the parties involved. In response to the characteristics of potential batch cases, such as group nature, dispute commonality, and dispersed parties, Beijing Financial Court strengthens the linkage of various links and gathers the joint force of dispute governance and resolution. After the first instance court made 34 judgments, the parties appealed one after another. The Beijing Financial Court carefully selected 10 representative cases to make exemplary judgments, covering all types of potential litigation cases. With exemplary judgments, other parties have reasonable expectations and can better achieve the source and substantive resolution of group disputes. ”Wang Sisi introduced that another 24 cases that have entered the second instance procedure of the Beijing Financial Court have been concluded through withdrawal based on exemplary judgments. In addition, exemplary judgments promote the "mass settlement and rapid resolution" of other cases that have already entered litigation and enforcement procedures. For disputes that have not yet been prosecuted, the Beijing Financial Court has also intervened in advance to guide enterprises to issue comprehensive mediation commitments and control the increase in disputes at the source. Demonstrative judgments promote the collaborative governance goal of "hearing one case, resolving one batch, and preventing one type". From the perspective of all parties involved, drivers such as Wang have had a chance to catch their breath and relieve repayment pressure through judgment or mediation; And leasing companies can also expect to recover rent. Xue Feng, Vice President of Beijing Financial Court, introduced that based on the principle of equal protection, while protecting the rights and interests of financial institutions in accordance with the law, it also takes into account the protection of the survival rights and interests of truck drivers and the sustainable operating space of car dealerships, avoiding debt deadlock leading to transportation chain breakage, effectively maintaining the ecological stability of the car inclusive leasing industry, and providing strong judicial support for the healthy development of the industry of "promoting production with finance and assisting finance with production". In the past five years, Beijing Financial Court has strengthened cooperation with Beijing Municipal Industry and Commerce, improved and optimized the construction of the business environment studio mechanism, promoted the extension from 'back-end resolution' to 'front-end prevention', and assisted enterprises in substantive dispute resolution, relief, and innovative development. ”Xue Feng said. Cross border protection plays a positive role in international dispute resolution. How can overseas listed companies protect their rights by making false statements that harm the legitimate rights and interests of domestic investors? The illegal operation of a certain overseas listed company resulted in the cancellation of its listing status, and for ordinary retail investors, the stocks they hold cannot be traded, withdrawn, or monetized. ”After the deadlock in overseas rights protection, investors such as Mr. Li have placed their hopes on the Beijing Financial Court. Afterwards, Mr. Li and 24 other investors sued a certain overseas listed company to the court on the grounds of false securities statements, demanding that the company and its executives bear compensation liability. However, a certain overseas listed company immediately raised a jurisdictional objection, arguing that the case had weak connections with Chinese courts and should not be under the jurisdiction of the Beijing Financial Court. According to the Securities Law of our country, securities issuance and trading activities outside the territory of the People's Republic of China that disrupt market order and harm the legitimate rights and interests of domestic investors can be tried in Chinese courts. ”Wu Yinjiao, assistant judge of Beijing Financial Court, said that this is also the first case where the extraterritorial application of the Securities Law clause has been applied to determine the jurisdiction of mainland courts. After the case enters the substantive trial, the collegiate bench comprehensively considers the objective actual situation such as the delisting of a certain overseas listed company and the loss of trading channels for investors. The longer the time drags on, the more unfavorable it is for ordinary retail investors. Even if they win the lawsuit, there will be great uncertainty about the defendant's ability to compensate, "said Wu Yinjiao. The key is to substantially solve the problem and fulfill their rights. In the end, the Beijing Financial Court facilitated mediation among all parties involved through over 40 rounds of communication and negotiation, resulting in a comprehensive resolution of 24 cases. After the Spring Festival this year, all the obligations defined in the mediation statement were fulfilled, and the goal of substantive dispute resolution was achieved. Chinese courts have given investors peace of mind. Enable Chinese investors and entrepreneurs to have a better capital market environment. ”Mr. Li and others specially sent banners to the Beijing Financial Court. This case was included in the 2026 Work Report of the Supreme People's Court. The proper handling of this case demonstrates the strong protection of domestic investors by China's judiciary and provides practical support for improving the jurisdiction of cross-border securities disputes. Zhang Wen said that financial justice safeguards investors' firm confidence in China's rule of law. Another enterprise in China has a deep understanding of the protection of the rule of law. A few years ago, the company undertook a construction project for a foreign company. During the project implementation period, foreign companies confirmed that the epidemic constituted force majeure and exempted the Chinese side from the responsibility for project delay. Last April, the project was accepted and put into operation. However, the company did not expect that foreign companies would demand the full amount of $179 million from the bank for the "performance bond". The court ruled to suspend payment based on the application, and found that although the independent guarantee letter has the characteristic of 'pay on demand', it applies the principle of fraud exception, and the situation is urgent. Failure to suspend payment will result in irreparable losses for the Chinese side. ”Wang Sisi said that the court quickly ruled to stop payment within 48 hours, lawfully preventing the transfer of commercial risks to Chinese enterprises, demonstrating the efficient ability of Chinese judiciary to safeguard the overseas rights and interests of enterprises. The Beijing Financial Court is not only a case handling unit, but also a governance unit. Through judicial rulings, it clarifies financial transaction rules, provides stable expectations for the market, and safeguards the healthy operation of the financial market. ”Zhang Wen said that she would closely meet the needs of financial governance, accelerate the modernization of the financial trial system and trial capacity, continue to solve practical problems and key issues in judicial practice, and better support and serve the process of Chinese path to modernization. (New Society)

Edit:Yingying Responsible editor:Yiyi

Source:people.com.cn

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