On May 22, the Shanghai High People's Court held a press conference and released the "Shanghai Courts Special Action Plan for Promoting the Construction of a Legalized Business Environment Version 6.0".
Benchmarking international and domestic first-class version 6.0 plan officially released
In May of this year, the World Bank released a new methodology manual for evaluating the business environment, specifying that Shanghai became the only sample city representing China to participate in the World Bank's evaluation. Among the World Bank's new top ten first-level indicators, the number of third-level indicators for the two indicators of "resolving commercial disputes" and "handling bankruptcy" led by the Shanghai Higher People's Court increased from 40 to 119. The business environment The pressure of international competition is greater and the responsibility is heavier.
At the same time, according to the 6.0 version of the plan for optimizing the business environment in Shanghai, the Shanghai Higher People's Court undertook the leading tasks of 12 reform measures and 4 coordinated promotion tasks in the areas of "resolving commercial disputes" and "handling bankruptcy", which is of great importance to the Shanghai courts. Higher requirements have been put forward to further improve the ability level of judicial service guarantee.
"Plan 6.0" fully aligns with Shanghai's 6.0 plan for optimizing the business environment and the latest assessment requirements of the World Bank, focuses on the shortcomings of existing work, deepens the reform of benchmarking in key areas, deepens the process reengineering of key links, and deepens the improvement of key supporting facilities 17 measures were put forward in the three major aspects of improvement, and they were broken down into 79 specific tasks, of which 41 related to new work measures this year, accounting for 52%.
In terms of deepening the reform of benchmarking in key areas, the "Plan 6.0" benchmarks the new concepts and requirements of the World Bank's assessment, establishes and improves the trial work mechanism, and promotes the high-quality development of trial work in related fields; focuses on the new needs and expectations of market players, and further supplements Short boards, strong measures, and excellent services, strive to make market players have a greater sense of gain in the fairness, efficiency and convenience of judicial trials in Shanghai courts.
In terms of deepening the process reengineering of key links, the "Plan 6.0" focuses on the blockages and difficulties that restrict the improvement of trial quality and efficiency and affects the parties' sense of gain and experience, strengthens the system integration of relevant policies and mechanisms, and strives to break through the blockages and difficulties to form Greater institutional drivers and safeguards.
In terms of deepening and improving key supporting facilities, the "Plan 6.0" promotes the disclosure of judicial quality and efficiency, guarantees and promotes fair and clean justice, leverages the effectiveness of digital reform empowerment, strengthens the promotion of the rule of law in the business environment, and continuously improves judicial services to ensure legalized business The capability level of the environment.
Focus on bankruptcy trial reform and put forward 11 specific tasks
It is worth mentioning that the "Plan 6.0" proposed 11 specific reform tasks for bankruptcy adjudication, which is the one involving the most specific tasks in a single reform measure. These 11 reform measures are the continuation and deepening of the reforms in the field of bankruptcy in recent years, mainly including the following four aspects:
The first is to pay close attention to improving the quality and efficiency of bankruptcy trials. With the goal of concluding ordinary bankruptcy cases within 12 months and summary bankruptcy cases within 6 months, we will further improve the management of the trial period of bankruptcy cases, and clear up old bankruptcy cases with decisive courage.
The second is to promote the reform of the modernization of bankruptcy trials. In line with the concepts and methods of the World Bank's new indicator system, actively explore the establishment of special bankruptcy procedures suitable for small and micro enterprises, and better promote the efficient rescue and orderly exit of small and micro enterprises; steadily promote the exploration of cross-border bankruptcy practices; conduct in-depth research on the bankruptcy environment The order of repayment of creditor's rights and the way of realization, etc.
The third is to improve the bankruptcy-related public service system. It is understood that the online case handling system for the entire process of bankruptcy cases in Shanghai courts will be put into operation next month. This system will significantly improve the work efficiency and convenience of bankruptcy judges and administrators in handling bankruptcy cases. At the same time, Shanghai courts will speed up the opening of information channels and interconnection, and strive to realize "one-stop investigation" of information involved in cases and "one-stop handling of bankruptcy affairs".
The fourth is to promote the system integration of bankruptcy handling policies and mechanisms. With the strong support of the Shanghai Municipal Party Committee and the Municipal Government, in March this year, the Shanghai Higher People's Court and 17 government departments jointly issued a policy document for the integration of the city's bankruptcy handling system, proposing 35 specific measures from 9 aspects, and obtaining the approval from the bankruptcy practitioners. positive response. Among them, the establishment of special bankruptcy procedures for small and micro enterprises, the establishment of an online case handling system for the entire process of bankruptcy cases, the promotion of cross-border bankruptcy practice exploration, and the exploration of the priority of creditor's rights in the bankruptcy environment are all new measures this year, and they are also frontier topics in the field of bankruptcy trials. Shanghai courts will take the lead in exploring and advancing, and strive to be at the forefront of the country.
