On the afternoon of March 9, the fifth session of the 13th National People’s Congress held a representative group meeting to consider the “two Supreme People’s congresses” report. Gong Jiali, deputy to the National People’s Congress and President of the higher people’s Court of Guangdong Province, was interviewed by reporters.
Reporter: please talk about your feelings about the “two Supreme People’s congresses” report.
Gong Jiali: in the past year, under the leadership of the CPC Central Committee with Comrade Xi Jinping as the core, the Supreme People’s court and the Supreme People’s Procuratorate have thoroughly implemented Xi Jinping rule of law, internalized the “two establishment” into the political consciousness of “two maintenance”, always consciously shouldered the political responsibility of judicial organs, and earnestly fulfilled the responsibility of safeguarding national political security It is a major responsibility and mission to ensure overall social stability and promote social fairness and justice, adhere to the people-centered development thought, make the people feel that fairness and justice are around, and make new contributions to safeguarding national security, social stability and people’s peace. The biggest feature of the two work reports is to use a large number of specific data and vivid cases to show the rush test answers of judicial and procuratorial organs across the country to forge ahead in a new journey and contribute to a new era.
Reporter: at the two sessions this year, the construction of “double zones” and two cooperation zones was a hot topic among the representatives and members. What new measures have Guangdong courts taken in terms of service guarantee “double zones” and the construction of two cooperation zones?
Gong Jiali: in order to seize and make good use of the great opportunity of building Guangdong Hong Kong Macao Great Bay area and Shenzhen socialist demonstration area, and realize the mission and task entrusted to Guangdong by Xi Jinping general secretary, it is a major responsibility of the courts of the whole province. Closely following the “1 + 1 + 9” Work Department of the provincial Party committee, the courts of Guangdong will accelerate the improvement of a safer judicial security system, a more open legal application system More yuan dispute resolution system and more convenient litigation service system, as an important starting point for the construction of “double zones” and two cooperation zones, strive to achieve new breakthroughs.
First, create a market-oriented, legal and international business environment. To strengthen the equal protection of market players and guide private enterprises to abide by the law in good faith, we will help Guangzhou, Shenzhen and Zhuhai build a demonstration place for a legal business environment. We will effectively strengthen the protection of property rights, encourage fair competition, and implement various policies to stabilize enterprises and secure business. Second, ensure the healthy development of financial markets. We will severely punish crimes in the financial sector in accordance with the law, intensify the crackdown on crimes such as market manipulation, insider trading, illegal fund-raising and MLM fraud, dispose of financial disputes such as non-performing assets, private funds and usury lending in accordance with the law, actively take judicial measures to prevent and resolve various risks, and resolutely sanction illegal operations and illegal profit seeking. Third, build a preferred place for cross-border dispute resolution. Comprehensively promote the “online authorization witness platform” to quickly handle the cross-border authorization witness procedures for overseas parties in 1308 cases, and the processing time is shortened from 30 days offline to 5 minutes at the fastest. Senior retired judges, commercial lawyers and legal experts from Guangdong, Hong Kong and Macao are employed as specially invited mediators to establish a “one-stop” diversified resolution mechanism of international commercial disputes organically connected with litigation, mediation and arbitration. Fourth, promote and deepen the comprehensive reform of Shenzhen and Hengqin courts to expand their judicial functions. Guided by the judicial reform demonstration court, we will deeply explore the connection and connection of commercial rules in Guangdong, Hong Kong and Macao Greater Bay area, establish a system for regularly publishing typical cases of cross-border disputes between Guangdong, Hong Kong and Macao, and establish a judicial case research base in Guangdong, Hong Kong and Macao greater Bay area, so as to provide more case samples for solving cross-border commercial disputes according to law.
Reporter: the results of the “China Patent Award” in 2021 released by the State Intellectual Property Office show that the number of invention patents in Guangdong ranks first in China. What work has Guangdong courts done in the judicial protection of intellectual property rights?
Gong Jiali: protecting intellectual property rights means protecting innovation. Comprehensively Strengthening the judicial protection of intellectual property rights is an inevitable requirement for the high-quality development of people’s court services. In 2021, Guangdong courts concluded 196000 civil cases of intellectual property rights, accounting for about one third of the total in China; More than 1700 criminal cases involving counterfeiting registered trademarks, infringement of copyright, infringement of trade secrets, etc.
Guangdong courts strengthened the protection of scientific and technological innovation in key areas such as high-end chips, integrated circuits and basic software, actively explored the judicial protection rules of new fields and new formats such as big data, artificial intelligence and gene technology, and improved the judicial protection mechanisms such as data property rights and data privacy. The dispute over the right of new plant varieties in Qingyuan Agricultural Technology Center was rated as one of the top ten typical cases of new variety protection by the Ministry of agriculture and rural areas. Guangdong courts also apply punitive damages to malicious infringement and repeated infringement, and strive to solve the problems of “difficult compensation” and “low compensation” in intellectual property cases. The provincial court and the public security, procuratorial and market supervision departments shall establish a collaborative protection mechanism for intellectual property rights. The Shenzhen court explored the “three in one” trial mechanism of intellectual property criminal, civil and administrative litigation. Guangzhou intellectual property court actively promoted the diversion of complex and simple cases, shortened the average trial cycle of the quick adjudication mechanism of appearance patent cases to 54 days, and the sentencing rate in court exceeded 90%. Relying on the achievements of smart Courts such as “Netcom legal chain”, Guangzhou Internet court solves the problems of online evidence collection, solid evidence and demonstration.
Reporter: the implementation of the civil code is a major event in the construction of the rule of law in China. Please introduce the relevant situation of Guangdong courts.
Gong Jiali: civil trial is most directly and closely related to the rights and interests of the people. Since last year, Guangdong courts have taken the opportunity of implementing the civil code to comprehensively strengthen the judicial protection of the people’s personal rights, property rights and personality rights, concluded more than 190000 cases involving property rights protection, and promoted the formation of a clear, stable and predictable property rights protection system; More than 2000 cases involving the protection of personality rights have been concluded, and public order and good customs have been maintained in resolving disputes; We have concluded 12000 environmental and resource cases, actively supported procuratorial organs and environmental protection social organizations to participate in environmental public interest litigation, increased the integrated protection of mountains, rivers, forests, fields, lakes, grass and sand, took the lead in exploring new cases such as carbon trading disputes, and helped achieve the goal of carbon peak and carbon neutralization. Guangdong courts also responded positively to the demands of the people in the fields of education, consumption, housing and social security, concluded more than 800000 civil cases such as family affairs, employment and housing, and paid attention to integrating the socialist core values into judicial adjudication; We will strengthen the prevention and resolution of labor disputes and protect the legal rights of new business operators such as takeout riders, couriers and online car Hailing drivers in accordance with the law. Strengthen the trial guidance of cases such as high-altitude throwing, food safety and damage to manhole covers, and maintain the safety of Lbx Pharmacy Chain Joint Stock Company(603883) “above the head”, “on the tip of the tongue” and “under the sole of the foot”. “Live broadcast of 100 court trials of civil code” won the top ten innovative and pioneering projects of “who enforces the law, who popularizes the law” of provincial organs, and 6 cases were selected into the civil code progress of CCTV; The civil code propaganda group composed of judges carried out more than 7900 “six entry” Legal Popularization Activities, and cultivated the mass foundation for the implementation of the civil code.
Reporter: How did Guangdong courts promote the fight against criminal syndicates and evil forces in a normalized way last year?
Gong Jiali: the Guangdong court takes the eradication of criminal syndicates and evil forces as an important popular project, severely crack down on “village tyrants”, “street tyrants” and all kinds of “bank tyrants” and “city tyrants” in accordance with the law, and continue the achievements of grass-roots social governance. In 2021, the courts of the whole province tried 427 criminal cases involving 2887 people, with a heavy penalty rate of 58.2%. The implementation of criminal and evil related property reached 14.1 billion yuan, thoroughly checked the property involved, resolutely cut off the chain of interests, and prevented the “resurgence” of criminal and evil forces. The provincial courts also issued 493 judicial suggestions on eliminating criminal syndicates and evils, actively promoting the deepening of clean source governance in six key industries, with a feedback rate of 100%. In view of the high incidence of Telecom fraud in the previous stage, the Guangdong court stepped up efforts to crack down on telecom network fraud and related crimes, concluded 5069 cases, including 74 gang crimes, 610 people, 58 cross-border crimes and 290 people, and recovered more than 100 million yuan of property losses of the people.
Reporter: last year, the central government deployed to carry out the education and rectification activities of political and legal teams across the country. What results have Guangdong courts achieved?
Gong Jiali: carrying out the education and rectification of the political and legal team is a major decision and deployment made by the Party Central Committee with Comrade Xi Jinping as the core. It is an important measure to build an excellent team that the party and the people can trust, trust and rest assured. According to the requirements of the central and provincial Party committees, the courts of the whole province took forging a loyal, clean and responsible political and legal team as the main line, promoted the study and education of party history and the rectification of team education, accepted a revolutionary forging, and got baptized ideologically, tempered politically and sublimated party spirit. In the process of education and rectification, the courts at all levels insisted on keeping the blade inward, eliminating the accumulated disadvantages, seriously holding accountable for the use of cases for personal gain and interfering in the handling of cases, really hitting hard on all kinds of stubborn diseases, resolutely eliminating the black sheep and strictly rectifying the style of trial. Comprehensively check the “temporary holiday reduction” cases handled in violation of regulations, special rectification of outstanding problems such as the difficulty of filing cases at the end of the year, clean up 36000 outstanding cases over one year, evaluate and resolve 580 cases involving law and litigation, and clear all the overdue payment for implementation. Focus on the “urgent difficulties and anxieties” of the people. We have made solid progress in “I do practical things for the masses”, and more than 3100 judicial measures have been launched to facilitate and benefit the people, demonstrating the new atmosphere of the people’s courts in the new era.
Reporter: since the implementation of the regulations of Shenzhen Special Economic Zone on individual bankruptcy, the Shenzhen intermediate people’s court has successively handled a number of individual bankruptcy cases. Please talk about the breakthroughs made by the Guangdong court in bankruptcy trial?
Gong Jiali: last year, after the Shenzhen court took the lead in exploring the pilot of individual bankruptcy, it received 1023 individual bankruptcy applications, started the review of 74 individual bankruptcy applications and concluded 19 trials. In July last year, the Shenzhen intermediate people’s court approved the first personal bankruptcy reorganization plan, marking the birth of the country’s first personal bankruptcy case through litigation procedures, the personal bankruptcy system finally came into effect, and the pilot work has achieved phased results. Personal bankruptcy system is an important part of the bankruptcy legal system, which provides an opportunity for “honest and unfortunate” entrepreneurs to make a comeback. In the case of bankruptcy, we have established a mechanism for the disclosure of the applicant’s bankruptcy information and judgment, and strengthened the linkage with the bankruptcy management department in the first trial, depending on the situation of the bankruptcy market, and strengthened the supervision and Adjudication of the reasons for personal debt evasion Settlement and liquidation. The provincial court will work with the Shenzhen intermediate people’s court to further summarize the legal and social effects of the first batch of individual bankruptcy cases, further listen to the opinions of all parties, constantly improve supporting measures, and promote the pilot reform to achieve the expected objectives.
Reporter: Kangmei pharmaceutical Securities Misrepresentation liability dispute class action case was selected into the “top ten cases of promoting the process of rule of law in the new era in 2021”. Would you please talk about the trial of Kangmei pharmaceutical case?
Gong Jiali: Kangmei pharmaceutical is a well-known listed company in the field of traditional Chinese medicine in Guangdong. Due to the illegal operation and fraud of the original principal of the company, it has successively triggered three series of cases of civil infringement, securities crime and bankruptcy reorganization. The intermediate people’s courts of Guangzhou, Foshan and Jieyang have tried these three series of cases according to law to crack down on securities violations and crimes, Safeguard the legitimate rights and interests of 52000 small and medium-sized investors, and finally promote this large enterprise with more than 6000 employees to get rid of the debt crisis through bankruptcy reorganization.
The successful trial of Kangmei pharmaceutical’s series of cases released a strong signal that the judicial authorities severely punished securities crimes and severely punished Securities Infringement in accordance with the law, effectively deterred illegal acts in the securities field, explored the joint investment mode of “industrial investors + financial investors” in bankruptcy reorganization, and successfully introduced the joint capital injection of state-owned and private enterprises, It has paid off all the long-term debts owed by the company, which is a successful example of successfully resolving the debt crisis of large enterprises in recent years. Since this year, the Guangdong court has handled the long-term debts of enterprises in accordance with the law in enterprise bankruptcy cases. By actively introducing new investors to participate in enterprise reorganization, it has successively helped five listed companies such as soling industry and Guangzhou Longqi recover their vitality, and created a number of Guangdong samples in promoting the effective treatment of enterprises.
Reporter: in January this year, the Supreme Court announced the first “people’s court reform and Innovation Award”, and Guangdong court reform cases were selected. Please introduce what new breakthroughs Guangdong has made in deepening the comprehensive reform of the judicial system?
Gong Jiali: Guangdong is the first batch of pilot provinces for judicial system reform, and 25 reform experiences have been popularized throughout the country. In recent years, Guangdong courts have paid attention to strengthening the systematization, integrity and coordination of reform, adhered to the unity of orderly decentralization and effective supervision, accelerated the construction of a restriction and supervision system suitable for the operation mechanism of new judicial power, successively issued more than 60 systems to deepen the judicial responsibility system, strengthen restriction and supervision and supporting systems, and deepened the case retrieval system by improving the case evaluation system, The regulations on the punishment of judges were issued to further compact the judicial responsibility of judges.
Guangdong courts have also continued to improve the system of judges’ posts. By regularly carrying out the selection and retirement of judges, Guangdong courts have taken the lead in exploring the mechanism of filling judges’ posts. Last year, 37 Outstanding Judges in the province were selected level by level as judges of higher courts, and 273 newly appointed judges served in grass-roots courts. The staffing and guarantee measures of judges are further inclined to the front line, The grass-roots judicial force has been enriched, and the professional level of grass-roots judges has also been significantly improved.
Next, Guangdong courts will take the trial level function positioning reform pilot of four level courts as an opportunity to further standardize the trial level jurisdiction, centralized jurisdiction, retrial review and promotion trial mechanism, continue to promote the comprehensive supporting reform of the judicial system, system integration, coordination and efficiency, and continuously improve the efficiency and credibility of justice.
Reporter: how do Guangdong courts strengthen grass-roots infrastructure in recent years?
Gong Jiali: in recent years, Guangdong courts have always adhered to the guidance of strengthening the foundation and continuously optimized the layout of people’s courts. Grass roots courts have played a very important role in serving and ensuring rural revitalization and participating in grass-roots social governance. Last year, grass-roots courts across the province took the initiative to integrate into the construction of grass-roots dispute resolution network, explore and promote the governance of litigation sources and diversified dispute resolution, strengthen the connection with grass-roots party organizations, political and legal units and autonomous organizations, widely absorb all kinds of social forces, improve the linkage and coordination mechanism, and prevent and resolve disputes from multiple sources and channels. According to the work deployment, the pilot work of setting up online circuit courts should be carried out in townships and towns without people’s courts in the province. At present, 94 online circuit courts have been set up in grass-roots courts across the province, and judicial convenience measures such as online case filing, online interview, online mediation, online evidence collection, online court hearing and online law popularization publicity have been further expanded. The provincial courts carried forward the Ma Xi’an five spirit of the new era, organized and carried out the selection of the most beautiful grass-roots courts and judges, and encouraged more excellent judges to grow up and perform their duties in the grass-roots front line.
