Tao Kaiyuan, vice president of the Supreme People's Court and second-level justice, said at a press conference on the theme of "China's Decade" held by the Propaganda Department of the Central Committee of the Communist Party of China on July 12 that the people's courts serve the law to ensure high-quality economic development.Since the 18th National Congress of the Communist Party of China, the number of cases accepted by the people's courts has increased from 14.217 million in 2013 to 33.516 million in 2021, and the value of the closed cases has reached 46.7 trillion yuan.
He Xiaorong, vice president of the Supreme People's Court and second-level justice, revealed that the next step is to issue a judicial interpretation on online consumption (2) in a timely manner to actively respond to social concerns; it is necessary to promote the formulation of a judicial interpretation of the Civil Code tort liability, and strengthen the protection of privacy and personal information. , to punish online infringements in accordance with the law.
Promote the healthy and stable development of finance
In terms of serving and guaranteeing high-quality economic development in accordance with the law, Tao Kaiyuan said that the people's courts fully, accurately and comprehensively implement the new development concept, and perform their duties and responsibilities around the country's greatest power.
Specifically, we will strengthen judicial protection of property rights, correct Zhang Wenzhong’s case in accordance with the law, provide equal protection to state-owned and private enterprises, domestic and foreign-funded enterprises, and large, medium, small, and micro enterprises, and create a market-oriented, legalized, and internationalized business environment.
Promulgated 20 practical and tough measures to help small, medium and micro enterprises to develop, substantially resolve disputes, help market players solve difficulties, serve "six stability" and "six guarantees", strengthen judicial protection of intellectual property rights, and serve innovation-driven development. The number of first-instance quasi-IP cases will increase from 101,000 in 2013 to 577,000 in 2021, with an average annual growth rate of more than 20%.
Judicial interpretations such as representative litigation for securities disputes were introduced to promote the healthy and stable development of finance.
Protect the ecological environment with the strictest rule of law and serve the construction of a beautiful China.
Equally protect the legitimate rights and interests of Chinese and foreign parties, focus on the joint construction of the "Belt and Road" and the construction of free trade pilot zones and free trade ports, improve judicial policies, and serve high-level opening to the outside world.
In addition, according to Tao Kaiyuan, the people's court vigorously promotes the construction of a one-stop multi-dispute resolution and litigation service system.In 2021, courts across the country will mediate 10.84 million disputes online, and from January to June 2022, 5.773 million disputes will be mediated online.my country has established a one-stop multi-dispute resolution and litigation service system with Chinese characteristics with the most linkage resources, the most complete online mediation, and the widest service target.
Promulgating Judicial Interpretations on Internet Consumption in Time (2)
He Xiaorong said that in recent years, with the rapid development of my country's Internet industry, disputes involving e-commerce have also grown rapidly.People's courts have always adhered to both encouragement and regulation, and tried various cases involving e-commerce in accordance with the law.In March 2022, the Supreme People's Court issued the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Internet Consumption Dispute Cases (I)". After the judicial interpretation was released, it aroused strong repercussions from all walks of life, and the people are generally concerned about Internet consumption. Field-related issues have been responded to in this judicial interpretation.The protection of consumers' rights and interests has been strengthened, and the healthy development of the network economy has been promoted.
First, about the format clause.Common standard clauses such as "signing for the receipt of the product means the quality of the product is recognized", and similar standard clauses such as "the operator has the right of unilateral interpretation or final interpretation" are often seen in online consumption.According to the spirit of the Civil Code, if the standard clauses are formulated and provided by the seller, if the responsibility they should bear is reduced and the consumer's responsibility is aggravated, such standard clauses are deemed invalid according to law.
Second, about online consumption fraud.It is clarified that contracts signed by e-commerce operators and others to conduct false publicity in the form of fictitious transactions, fictitious clicks, and fabricated user evaluations shall be deemed invalid according to law.
Third, the online consumption is not standardized promotion.It is stipulated that e-commerce operators who cause damage to consumers by prizes, gifts, and exchanged goods shall bear the liability for compensation, and shall not claim exemption on the grounds that the prizes and gifts are provided for free, or that the goods are exchanged for purchase.
Fourth, about live broadcast marketing.It stipulates the self-operated responsibility of the live broadcast marketing platform operator, and the first payment responsibility when the real information and effective contact information of the live broadcast room operator cannot be provided, that is, the first payment responsibility.Responsibility for the obligation to review the operating qualifications of the live food sales studio.Joint and several liability for failing to take necessary measures for knowing or ought to know that the live broadcast room infringes upon the legitimate rights and interests of consumers.
Fifth, with regard to take-out catering, clearly stipulate the legal obligations and responsibilities of online catering service platform operators without real-name registration, review licenses, etc., as well as rights and obligations in the case of entrusted processing.
He Xiaorong said that in the next step, on the one hand, the Supreme Court should continue to pay attention to new situations and new issues in the trial of cases in the field of e-commerce, and timely issue judicial interpretations on online consumption (2) to actively respond to social concerns.Effectively safeguard the legitimate rights and interests of the people, so that the people can buy and use with peace of mind, and escort the sustainable and healthy development of my country's e-commerce.On the other hand, it will actively adapt to the development needs of e-commerce, accurately apply online litigation rules and online mediation rules, promote the improvement of digital application infrastructure such as electronic authentication, respect and protect the parties’ right to choose the litigation model and the right to dispose of procedural interests, and enhance the Quality and efficiency of online e-commerce dispute resolution.
He Xiaorong also said that the next step is to promote the formulation of judicial interpretations of the Civil Code tort liability, strengthen the protection of privacy rights and personal information, and punish online infringements in accordance with the law.
Severely punish financial crimes and fund-raising fraud crimes in accordance with the law
The Supreme People's Court also introduced the severe punishment of financial crimes and fund-raising fraud crimes in the past ten years.
Shen Liang, vice president of the Supreme People's Court and second-level justice, said that in the past ten years, the people's courts have severely punished financial crimes and fund-raising fraud crimes in accordance with the law, and maintained financial security.
In addition, the people's courts have severely cracked down on crimes such as online telecommunication fraud, crimes against women and children, and drug crimes in accordance with the law, carried out in-depth special campaigns to crack down on pension fraud, and punished according to the law endangering food and drug safety, hindering epidemic prevention and control, environmental pollution, infringing on citizens' personal information, Crimes that infringe on the vital interests of the people, such as throwing objects from high altitudes and impersonating school, especially increase the protection of women, children, the elderly, the disabled and other specific groups.
At the same time, the people's courts strictly grasp the boundary between crime and non-crime, strictly distinguish between economic disputes and economic crimes, resolutely prevent the use of criminal means to intervene in civil disputes, and turn civil liability into criminal liability.
