The construction of a new land sea corridor in the western region is of great significance for promoting the formation of an open pattern of "linkage between land, sea, and domestic areas, and mutual assistance between the east and the west". Today, the Supreme People's Court released the second batch of typical cases of people's courts providing services and guarantees for the construction of the Western Land Sea New Corridor (see the third edition for the full text), which focuses on showcasing the judicial practice achievements in the fields of ensuring the construction of the Western Land Sea New Corridor, creating a first-class business environment, solving difficulties in identifying foreign laws, and regulating cross-border trade, investment, and transportation logistics industries since the release of the "Opinions of the Supreme People's Court on People's Courts Providing Judicial Services and Guarantees for the Construction of the Western Land Sea New Corridor" one year ago. The reporter learned from the Supreme People's Court that these cases exhibit four characteristics: firstly, they closely follow the strategic planning of the development of the Western Land Sea New Channel, and accurately serve the overall construction of the channel. Around the core needs of the construction of the Western Land Sea New Corridor, the People's Court focuses on key links such as cross-border transactions and logistics transportation, and adheres to the resonance between judicial services and channel construction. From ensuring the construction of major infrastructure to regulating the order of cross-border finance and cross-border goods transportation markets, we will comprehensively build a solid legal foundation for channel construction, promote the rational flow and efficient aggregation of various factors. The second is to solve the difficulties of foreign-related trials and efficiently resolve cross-border disputes. In response to the legal application differences and difficulties in identifying foreign laws in cross-border financial and foreign investment disputes, the people's court accurately identifies and applies foreign laws in accordance with the law to resolve disputes. In the case of a guarantee contract dispute between a Thai bank company and Deng and Jiang, the People's Court fully respected the right of the parties to choose the applicable law, and applied different applicable laws to distinguish between the main contract and the guarantee contract to determine the parties' responsibilities. After the first instance, neither party appealed; In the second case of the investment contract dispute between Qin and Wei, involving the rights and obligations of foreign company shareholders, the people's court relied on the "13+2" judicial cooperation mechanism and cooperated with universities to accurately identify and apply the foreign law, equally protect the legitimate rights and interests of both Chinese and foreign parties, and provide a replicable and promotable practical path for cross-border dispute resolution. Thirdly, we must uphold judicial fairness and balance the protection of diverse rights and interests. Conflicts between the development of enterprises themselves and the overall urban planning and development often occur. In the third case of a dispute arising from the construction of a port between a cement company in Chongqing and a port company in Chongqing, the people's court carefully balanced the interests of the enterprise and the public interest. It not only strictly defined the liability for infringement and breach of contract in accordance with the law, safeguarded the legitimate rights and interests of the operating entity, but also took into account safety and infrastructure construction efficiency, achieving an organic unity of political, legal, and social effects. The fourth is to strengthen the guidance of rules and optimize the legal business environment. Logistics transportation is the core carrier and basic support for the construction of the Western Land Sea New Corridor. In the case of a road freight transportation contract dispute between a certain electrical company in Yunnan and a logistics company, Li, and Jing in Case Four, the People's Court clarified the risk boundary of the lump sum contract, the full process obligations of the carrier, and other judgment rules, guiding various entities to standardize their operations, fulfill their obligations in good faith, stabilize market transaction expectations, and help build a market-oriented, rule of law, and international first-class business environment. The Supreme People's Court stated that in the next step, the people's courts will continue to deepen judicial service guarantee measures, continuously improve dispute resolution mechanisms related to channels, and contribute greater judicial strength to serving the construction of the Western Land Sea New Channel and building a new development pattern through fair and efficient judicial practice. (Looking into the New Era)
Edit:Yiyi Responsible editor:Jiajia
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