Shenzhen explores the pre -demonstration path of judicial reform

Pilot personal bankruptcy system, take the lead in establishing a punitive compensation system for intellectual property infringement, and optimize the "front end of litigation" to implement the "No. 1 Pass" ... The reporter learned that in the construction of a new demonstration zone in the Guangdong -Hong Kong -Macao Greater Bay Area and the socialism with Chinese characteristics In the journey, Shenzhen has established a tide, always adheres to the rule of law with the rule of law, promotes the rule of law with reform, uses the rules of the rule of law to solve the difficulties and problems in high -quality development, and strives to provide the province and the country with a demonstration of replication and promotion of promotion. experience.

The first personal bankruptcy system for exploring the road

Shenzhen has taken a milestone step by step. On August 11, the Shenzhen Bankruptcy Affairs Management Department issued the "Management Measures for the Management of the Shenzhen Personal Bankruptcy Manager (Trial)" to establish a legal system for the establishment of bankruptcy managers in the domestic government agency. It is reported that this is the first domestic bankruptcy manager roster to prepare legal documents. In the next step, the Municipal Bankruptcy Affairs Management Department will select a number of outstanding managers in accordance with the law to improve the quality and efficiency of personal bankruptcy cases.

The individual bankruptcy system is a relief exit mechanism for the mature market economic environment. At present, some countries and regions with relatively mature market economies in the world have formulated personal bankruptcy regulations. Due to historical reasons, my country's personal bankruptcy system has been lacking for a long time. Only the "Enterprise Bankruptcy Law" is called the "half bankruptcy law" by scholars.

Shenzhen is a relatively complete and mature area of ​​my country's market economy system, and has a more urgent need for the rule of law of the market economy. As early as 1993, Shenzhen took the lead in formulating the "Shenzhen Special Economic Zone Enterprise Enterprise Bankruptcy Regulations" nationwide to accumulate experience in the introduction of the bankruptcy law of the state enterprise. After 27 years, Shenzhen took the lead in establishing a personal bankruptcy system to make up for the "half bankruptcy law" to ensure the "tolerance failure" with the rule of law and "support" for entrepreneurs to allow losers to move forward. , Bring new vitality and development momentum to the economy.

"It's practical, and the family no longer has to be afraid of being afraid of being in debt quagmire." On July 19, 2021, he took the personal bankruptcy reorganization of the Shenzhen Intermediate Court to apply for a civil ruling. After a breath, "I will work hard to earn money and save money in the future." At this point, Shenzhen has successfully concluded the first case of "personal bankruptcy" in the country, marking that Shenzhen has taken a milestone in exploring the field of personal bankruptcy.

The reporter learned from the Shenzhen Bankruptcy Court that since the pilot of personal bankruptcy for more than a year, as of February 28 this year, the Shenzhen Intermediate People's Court has received a total of 1,031 personal bankruptcy applications, and an average of nearly 86 applications have been received.

Since taking the lead in piloting the personal bankruptcy system, Shenzhen has bravely broke into the "unmanned area" and actively builds a four -in -one bankruptcy management system for "court referees, institutional management, manager execution, and public supervision". A large number of cases such as the case and the bankruptcy and liquidation of a person have a significant impact in the province across the country. With an efficient, transparent, and stable bankruptcy system practice, it provides demonstrations for improving the country's unified bankruptcy system and the management system.

Create intellectual property protection benchmark cities

At the end of 2018, Jewelry Corporation Cartier found several companies that sold a large number of jewelry products that sold counterfeit Cartier registered trademark rights. The infringement did not stop after investigation and punishment of the market supervision department. As a result, Cartier brought these companies to court.

Jiang Nantun, an acting lawyer of the case, believes that the court of the first instance of the case only judged the defendant for compensation of 150,000 yuan, and the amount of compensation was significantly low. In the face of such a low cost of illegal costs, the infringer was likely to choose to continue infringement.

In early 2021, Cartier appealed to Shenzhen Central Court. During the trial of the second instance, the Shenzhen Intermediate People's Court believed that several companies were "knowing the old crime", the infringement was seriously, the influence was severe, and punitive compensation was applied. The defendant would compensate the defendant for a total of 1 million yuan. The result of this verdict fully respects the market value of intellectual property rights, promotes the healthy development of the jewelry industry, and guides enterprises to respect and attach great importance to intellectual property and industry innovation.

In order to build the most stringent intellectual property protection system, in November 2020, the Shenzhen Intermediate People's Court issued the "Guiding Opinions on the Application of Punishment of Punishment of Interactive Disputes on Intellectual Property Civil Infringement", which stipulated the operating rules of the punitive compensation system of intellectual property rights, which is the first in the country Intellectual property infringement punitive compensation guidance documents. This system not only demonstrates the fairness and seriousness of judicial and the determination to protect intellectual property, but also plays a deterrent effect on malicious infringement.

Protecting intellectual property rights is to protect the urban lifeline of Shenzhen -scientific and technological innovation. In December 2017, the Shenzhen Intermediate People's Court established the Shenzhen Intellectual Property Court to explore the establishment of the four -in -one technical facts of "technical appraisal, technical survey, technical consultation, and expert jury". First judgment+temporary ban ", improve the three -step trial model of" quick -layout+fast trial+fine trial ", further promote the reform of intellectual property disputes to resolve the reform of the diversion system, and comprehensively serve Shenzhen's innovation and development.

Establish the first mass of the national court system for service agencies

In order to solve the pain points of the people at the "front end of litigation", on July 11 this year, the Shenzhen Intermediate People's Court officially unveiled the establishment of the "Mass appeal service office" to provide one -stop services for the solution of the masses' demands and became the establishment of the national court system. The first specialized in demand service agency. It is reported that the establishment of the office is the phased achievement of the Shenzhen Court's reform of the reform of the "Optimization Litigation", and it is also the real epitome of the Shenzhen Court to do practical affairs for the masses.

The "front -end of the lawsuit" refers to the "front desk" work that the court dealt with the masses during the execution of the case or during the execution of the case.Optimizing the front end of the lawsuit is to optimize the quality of the people's courts to serve the masses and ensure the quality of the case entered the court's trial.According to Chen Yajuan, a fourth -level investigator at the department, the service office implements the working mechanism of the masses' demands of the "No. 1 Office", and comprehensively collects through special institutions, professionals, and special channels.The demands of the transfer to provide one -stop services for solving the demands of the masses.

According to statistics, in the two months of operation of the "No. 1 Office", the average number of hotline answering of the two courts in Shenzhen reached 4,500 per day, and the instant response rate of the operator reached 96%.It is 90.28%, so that the people can really feel fairness and justice.

(Author: Shenzhen SAR Reporter Zhang Yan)

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