Chen Xiaochun

654789759@qq.com

QIANHAI is the only free trade zone in China approved by the Central Government to become a demonstration zone for the construction of the socialist rule of law with Chinese characteristics. Legal innovation is a prominent characteristic distinguishing Qianhai from other pilot free trade zones in the country, as well as a core competitive advantage and main driving force behind the zone.

President Xi Jinping stressed that Qianhai can play a leading role in building a demonstration zone for the construction of the socialist rule of law with Chinese characteristics when he inspected Qianhai on the first stop of his Dec. 7, 2012, inspection tour.

Up to now, Qianhai has made over 50 achievements in innovations in the rule of law and has created a batch of experiences that are worth being duplicated and promoted.

Qianhai has paid special attention to learning from Hong Kong’s experience in developing a legal system to give full play to the advantages in legislative power the Shenzhen Special Economic Zone has at its disposal. When it was first established, Qianhai enacted a series of laws and regulations, including Regulations for The Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone of Shenzhen Special Economic Zone and Administrative Provisions of Shenzhen Court of International Arbitration (for Trial Implementation).

Finance, modern logistics, science and technology services, and other professional service industries are the four main sectors targeted by Qianhai’s policy innovations and openness. To date, it has published some regulations, such as the integrity convention and the guideline for fair competition.

Additionally, it has released 13 measures and operational guidelines to support its policies, including a measure for verifying whether enterprises qualify to enjoy the corporate income tax preferential policy, interim measures for the administration of the Qianhai industry development fund, and a measure for the verification of top overseas talents.

Qianhai has facilitated the settlement of The First Circuit Court of the Supreme People’s Court of The People’s Republic of China in the free trade zone, which provides a strong guarantee for the development of a demonstration zone for the construction of the socialist rule of law with Chinese characteristics.

The zone has also set up a diversified conflict settlement system for the court, which has established a center for integrating litigation and mediation that cooperates with 13 professional institutions, including The Hong Kong General Chamber of Commerce and the Guangdong, Hong Kong & Macao Commercial Mediation Alliance.

Shenzhen Qianhai Cooperative Zone People’s Court has embraced an array of judicial innovations. On July 26, 2016, 13 people’s assessors from Hong Kong were appointed by the court, marking an important step in the nation’s judicial reform.

These people’s assessors are Hong Kong or overseas graduates aged between 29 and 49, who specialize in a variety of fields, from finance and technology to cultural industries and public affairs. Their rich experiences in handling both Hong Kong and international cases enable them to voice their opinions more effectively and reach a just verdict.

In a bid to meet the various demands of litigants, the court has also recruited mediators from Hong Kong to reconcile legal disputes. The approach enables the court to explore advanced ideas and solutions in its mediation system by drawing on experience from Hong Kong.

On Aug. 31, Qianhai Cooperation Zone People’s Court, which is entitled to deal with all of Shenzhen’s commercial cases involving Hong Kong, Macao, Taiwan and foreign entities, released a white paper elaborating on its current practices for adopting Hong Kong legal judgments.