浙江法院涉外涉港澳台商事及海事审判工作报告（2018-2022）

7月24日，浙江省高级公民法院举行全省涉外涉港澳台商事及海事审判作业会议，初次向社会发布中英文双语《2018-2022年浙江法院涉外涉港澳台商事及海事审判作业陈述》，并发布2018年至2022年浙江法院涉外涉港澳台商事审判典型事例及浙江法院海事审判典型事例。

陈述全文如下

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当时，世界百年未有之大变局加速演进，世界力气对比产生深化改变，原有的多边买卖和争端处理规矩在重塑调整，我国展开进入战略机会和危险应战并存、不确认难意料要素增多的时期，涉外法治的重要性日益凸显。党的二十大对推进高水平对外敞开、加速酬谢海洋强国、保卫国家主权安全展开利益、推进构建人类命运一同体等作出严重布置，着重“统筹推进国内法治和涉外法治”，为加强公民法院涉外商事海事审判作业指明晰方向、供给了底子遵从。浙江是习近平法治思维重要萌生地和法治我国酬谢重要实践地，在新时代新征途上，浙江省委布置了大力施行数字经济立异提质“一号展开工程”、营商环境优化吹嘘“一号变革工程”、地瓜经济提能晋级“一号敞开工程”严重任务，对浙江法院涉外商事海事审判作业提出了更高要求。五年来，浙江法院坚持以习近平新时代我国特征社会主义思维为辅导，深化学习遵循习近平法治思维，认真遵循党中央、最高法院、省委的布置要求，坚持统筹推进国内法治和涉外法治，以深化政治酬谢、标准化酬谢、智能化酬谢和底层根底酬谢这“四项酬谢”为抓手，不断强化涉外商事海事审判效能、健全涉外商事海事胶葛多元处理机制、吹嘘审判公信力和世界影响力，为更高水平对外敞开和海洋强省酬谢作出活跃奉献。

Against the accelerating changes unseen in a century, the profound variation in the international power balance, and the reshaped multilateral trade and dispute settlement rules, China has entered a development period of both opportunities and challenges, facing growing uncertain and unpredictable factors, in which the foreign-related rule of law has become increasingly prominent. With an emphasis on “advancing the rule of law in domestic and foreign-related affairs in a coordinated manner”, the 20th CPC National Congress made major plans to accelerate high-level opening-up and the building of a strong maritime nation, defend national sovereignty, security, and development interests, and better construct a community with a shared future for humanity, which pinpoints the direction and fundamental guidelines for the people’s courts in foreign-related commercial and maritime trials. As an important birthplace of Xi Jinping Thought on the Rule of Law, Zhejiang has contributed significantly to the rule of law in China. The CPC Committee of Zhejiang Province has deployed the “No. 1 Development Project” to drive innovation and quality improvement of the digital economy, the “No. 1 Reform Project” to optimize and enhance the business environment, and the “No. 1 Opening-up Project” to upgrade the “sweet potato economy”, while putting forward higher requirements for the courts in Zhejiang in foreign-related commercial and maritime trials in the new era. Over the past five years, the courts in Zhejiang, guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, have conducted an in-depth study and implementation of Xi Jinping Thought on the Rule of Law, followed the requirements of the CPC Central Committee, the Supreme People’s Court, and the CPC Committee of Zhejiang Province, and adhered to the overall promotion of rule of law in domestic and foreign-related affairs. By propelling political, standardization and intelligent construction, as well as grass-roots infrastructure, the courts have steadily heightened the effectiveness of foreign-related commercial and maritime trials, the multi-solution mechanism for foreign-related commercial and maritime disputes, and the credibility of the trial and global impact, thus great contributions have been made in higher-level opening up and a strong marine province.

一、浙江法院涉外商事海事审判根本状况

I. Status Quo

浙江法院涉外商事海事审判作业包含了依据最高公民法院《关于清晰榜首审涉外民商事案子级别统辖标准以及归口处理有关问题的告诉》确认的涉外民商事胶葛、外商出资企业胶葛、民商事司法帮忙、判定司法检查等十类案子和海事海商胶葛案子。因涉港澳台民商事胶葛、港澳台商出资企业胶葛与上述各类案子均由浙江高院民四庭归口处理，故此次同时总结有关作业状况。

The foreign-related commercial and maritime trials of the courts in Zhejiang have covered ten categories of cases including foreign-related civil and commercial disputes, foreign-invested enterprise disputes, judicial assistance in civil and commercial matters, judicial review of arbitration, which is specified by the Supreme People’s Court in the Notice on the Clarification of the Jurisdiction and Management of Foreign-Related Civil and Commercial Cases of the First Instance. Since the civil and commercial disputes involving Hong Kong, Macao, and Taiwan, and disputes involving Hong Kong, Macao, and Taiwan-invested enterprises are handled by the Fourth Civil Division of Zhejiang High People’s Court together with the above-mentioned cases, they will be covered in the following summary.

（一）涉外司法需求不断添加，审判质效稳中有升

i. Growing demand for foreign-related justice and steady increase in trial quality and efficiency

2018年至2022年，全省法院共受理一审涉外民商事胶葛4646件、涉港澳台民商事胶葛2945件、外商及港澳台商出资企业胶葛8534件、海事海商胶葛10914件，合计27039件，审结共27313件，同期结案率101%，收结案根本坚持动态平衡，以调停或撤诉（准予撤诉或按撤诉处理）办法结案有12728件，调撤率为46.6%，总标的金额达1325亿元。其间，外商及港澳台商出资企业胶葛数自2019年起开端逐年下降，涉外涉港澳台民商事和海事海商胶葛数均呈先降后升、全体上升趋势，此外，全省法院还受理判定司法检查案子5518件、民商事司法帮忙案子4254件。全体而言，浙江涉外商事海事司法需求仍在添加，全省法院涉外审判质效稳中有升。

From 2018 through 2022, the courts in Zhejiang received a total of 27,039 cases, including 4,646 first-instance foreign-related civil and commercial disputes, 2,945 civil and commercial disputes involving Hong Kong, Macao, and Taiwan, 8,534 disputes over foreign and Hong Kong, Macao, and Taiwan-invested enterprise, and 10,914 maritime and commercial disputes. Among them, 27,313 cases were concluded, achieving a completion rate of 101% in the same period; the collection and conclusion of cases maintained a dynamic balance; and 12,728 cases, about 46.6% were settled by mediation or dismissal (dismissed or treated as dismissed), with a total amount of subject matter of 132.5 billion yuan. Besides, the number of disputes over foreign and Hong Kong, Macao, and Taiwan-invested enterprises began to decline year by year since 2019, and the number of foreign-related civil, commercial, and maritime disputes and those involving Hong Kong, Macao, and Taiwan has taken on an overall upward trend after declining at the very beginning. In addition, the courts also accepted 5,518 arbitration judicial review cases and 4,254 cases of judicial assistance in civil and commercial matters. Overall, the demand for foreign-related commercial and maritime justice in Zhejiang is still growing, and the quality and efficiency of foreign-related trials have been steadily increasing.

图1：2018-2022年全省法院各类一审涉外商事海事胶葛收案占比

Fig.1 The proportion of cases received in various types of first-instance foreign-related commercial and maritime disputes in the courts of Zhejiang in 2018-2022

图2：2018-2022年全省法院一审涉外商事海事胶葛收案态势

Fig.2 The trend of the first-instance foreign-related commercial and maritime disputes in the courts of Zhejiang in 2018-2022

（二）案由散布相对会集，类型化胶葛处理有用

ii. Relatively concentrated distribution of causes and effective governance of different types of disputes

2018年至2022年间，全省法院受理的一审涉外商事海事案子触及案由多达300余个，但首要类型案子数相对会集。在涉外涉港澳台民商事案子中，民间假贷、生意合同胶葛等十类案由收案合计4378件，占总数的57.67%；在海事海商案子中，船员劳务合同、海上货运署理合同胶葛等十类案由收案合计8350件，占总数的76.51%。与2013-2017年比较，近五年来民间假贷胶葛、生意合同胶葛、金融告贷合同胶葛等传统的类型化胶葛收案量均有不同程度下降，尤其是金融告贷合同胶葛收案数同比下降57.77%，反映出对涉外传统类型胶葛的诉源处理行动有力，使更多胶葛化解在诉前；与公司有关的胶葛数量上升较为显着，同比上升40.86%，其间股权转让胶葛、股东危害公司债务人利益胶葛数量增幅较大，反映外商及港澳台商出资企业股权买卖日益频繁，股权买卖、公司处理标准性有待吹嘘。

From 2018 through 2022, 300-odd first-instance foreign-related commercial and maritime cases were received by the courts in Zhejiang, with relatively concentrated causes of cases. In foreign-related and Hong Kong, Macao, and Taiwan-related civil and commercial cases, 4,378 fell into the ten types of cases such as civil lending and sales contract disputes, accounting for 57.67% of the total; among maritime and commercial cases, the number of cases falling into the ten major types such as disputes over crew labor contract and maritime freight forwarding contract reached 8,350, accounting for 76.51% of the total. Compared with the period of 2013-2017, the number of traditional types of disputes such as civil lending disputes, sales contract disputes, and financial loan contract disputes has decreased to different degrees in the past five years. In particular, the number of financial loan contract disputes decreased by 57.77% year-on-year, reflecting prominent results in resolving traditional foreign-related disputes before litigation. Besides, the significant increase of 40.86% year-on-year in the number of disputes related to enterprises, particularly in disputes over equity transfer and disputes over shareholders damaging the interests of company creditors, mirrors the increasingly frequent equity transactions of foreign and Hong Kong, Macao, and Taiwan-invested enterprises, indicating an urgent need to standardize equity transactions and corporate governance.

图3：2018-2022年涉外涉港澳台民商事、海事海商胶葛十类首要案由收案

Fig.3 The number of foreign-related and Hong Kong, Macao, and Taiwan-related cases received in ten major categories of civil and commercial disputes and maritime disputes from 2018-2022

（三）所涉地域不断扩展，对外敞开程度逐步加深

iii. Expanding involved territory and deepening opening-up

2018-2022年间，全省法院受理的一审涉外涉港澳台民商事和涉外海事胶葛案子触及国家和区域合计162个，其间涉我国香港特区、我国台湾区域、美国、意大利、法国等地的案子最多，占总案量的55.47%，散布相对较为会集。与2013-2017年间比较，新增英属维尔京群岛、塞尔维亚、开曼群岛等24个国家和区域，案子所涉地域不断扩展，反映我省对外经贸来往的区域越发广泛，商场主体愈加多元，敞开程度逐步加深。此外，近五年涉“一带一路”协作共建国家案子数量显着增多，与2013-2017年比较，涉意大利、俄罗斯、越南、也门、埃塞俄比亚等地案量增幅显着，其间涉意大利案量添加27%，涉俄罗斯案量添加72%，涉越南、也门、埃塞俄比亚案量增幅均超越100%，反映我国与“一带一路”协作共建国家的经贸来往不断深化。

During the period of 2018-2022, the courts in Zhejiang received a total of 162 first-instance foreign-related and Hong Kong, Macao, and Taiwan-related civil and commercial cases, most of which involved Hong Kong, Taiwan, the United States, Italy, and France, accounting for 55.47% of the total number of cases, with a relatively concentrated distribution. Compared with 2013-2017, the geographical areas involved in the cases have been expanding, with 24 new countries and regions such as the British Virgin Islands, Serbia, and the Cayman Islands being covered, which reflects more extensive foreign trade and economic exchanges, more diversified market subjects, and a higher level of opening up in Zhejiang. Additionally, the number of cases involving the countries participating in the Belt and Road initiative has increased significantly in the past five years. In contrast with 2013-2017, the number of cases involving Italy, Russia, Vietnam, Yemen, and Ethiopia has risen enormously, with the volume of cases involving Italy increased by 27%, Russia by 72%, Vietnam, Yemen, and Ethiopia by over 100%, showing vigorous economic and trade exchanges between China and partner countries of the Belt and Road initiative.

图4：2018-2022年间受理案子触及的十个首要国家和区域

Fig.4 Ten major countries and regions involved in the cases received during 2018-2022

二、浙江法院涉外商事海事审判作业成效

II. Fruitful Achievements

五年来，浙江法院经过全面深化政治酬谢、标准化酬谢、智能化酬谢和底层根底酬谢，推进涉外商事海事司法在服务全局、法令办案、数字赋能、多元解纷等各方面不断走深走实。

Over the past half-decade, courts in Zhejiang have propelled political awareness, standardization, intelligence, and grass-roots infrastructure construction to bring into play foreign-related commercial and maritime justice in serving the overall situation, law enforcement, digital empowerment, and diversified dispute resolution.

（一）深化政治酬谢，司法服务全局能动性不断增强

i. Political awareness to constantly enhance the dynamic role of judicial services in further opening-up

1.强化准则保证，清晰司法服务敞开全局的全体要求。2018年浙江高院出台《关于为我省构建全面敞开新格式供给有力司法保证的定见》，以服务保证我省以“一带一路”酬谢为统领构建全面敞开新格式的严重决议计划布置为全体方针，从大力吹嘘“一带一路”酬谢司法保证的世界公信力、公平高效审理与敞开型经济相关的各类案子、依法保证世界化营商环境酬谢等五个方面提出19条详细行动，清晰世界买卖、外商出资企业、海事海商及涉自由买卖试验区等各类胶葛审理关键，包含立案、审判、履行、司法服务、多元解纷等各环节首要任务，为全省法院服务保证高水平对外敞开供给了准则保证。

(i) Institutions have been guaranteed for the general requirements of judicial services and opening up. The 2018 Opinions on Providing Strong Judicial Protection for the Construction of a New Comprehensive Opening-up Pattern in Zhejiang issued by Zhejiang Higher People’s Court put forward the overall goal of serving and protecting the province’s major decision to build a new comprehensive opening-up pattern with the implementation of the Belt and Road initiative. A total of 19 specific measures were formulated in terms of improving the international credibility of the Belt and Road initiative, the fair and efficient trial of various types of cases related to the open economy, and an international business environment following the law. The Opinions also made clear the priorities in handling disputes over international trade, foreign-invested enterprises, maritime and commercial affairs, and pilot free trade zone-related issues, covering the major links of filing, trial, execution, judicial services, and diversified dispute resolution, providing institutional support for the province’s courts to serve and guarantee a higher level of opening up.

2.推进途径酬谢，找准司法服务敞开全局的着力点。自贸试验区酬谢是新时代推进变革敞开的重要战略行动，也是法院服务保证高水平对外敞开的首要着力点和结合点。2017年我国（浙江）自由买卖试验区（以下简称浙江自贸试验区）建立以来，浙江法院高度重视自贸试验区司法保证作业，2018年设置舟山中院自贸试验区法庭和宁波海事法院自贸试验区海事法庭，经过创立自贸试验区中英文网站、编写自贸试验区司法服务指引、健全海事法院与地办法院联接机制等多种行动，全面加强自贸试验区司法服务。舟山中院与宁波海事法院结合审判实践，展开“造船航运企业破产案子审理中与海事案子彼此联接”变革试点，进一步优化造船航运企业破产处理流程，改进破产案子与海事案子在案子统辖、船只拍卖、船只扣押保全办法免除与费用担负等各环节彼此联接难的痛点问题，使各类船只优先权和特别优先权得以快速完成，对推进破产处理便当化，改进自贸试验区营商环境起到重要效果。该项变革当选最高法院2022年发布的“公民法院服务保证自由买卖试验区酬谢亮点行动”。

(ii) Platforms have been constructed as the bases for judicial services and opening up. The construction of the pilot free trade zone is an important strategic measure for reform and opening up in the new era and for the courts’ services in ensuring a high-level opening up. Since the establishment of China (Zhejiang) Pilot Free Trade Zone (hereinafter referred to as Zhejiang Pilot FTZ) in 2017, the courts in Zhejiang have attached great importance to the judicial protection in the Pilot FTZ. In 2018, the Pilot FTZ Court of Zhoushan Intermediate People’s Court and the Pilot FTZ Maritime Tribunal of Ningbo Maritime Court were set up for better judicial services in the Pilot FTZ through the English and Chinese websites of the FTZ, the compilation of the Pilot FTZ judicial services guidelines, and the perfected cohesion between maritime courts and local courts. The reform of “connecting shipbuilding and shipping enterprise bankruptcy cases and maritime cases” has been piloted at the Zhoushan Intermediate People’s Court and Ningbo Maritime Court combined with the practice of adjudication to further optimize the bankruptcy process of shipbuilding and shipping enterprises, and solve the thorny problems of interconnection between bankruptcy cases and maritime cases in the areas of case jurisdiction, ship auction, the release of ship arrest, and cost burden. On that premise, the various types of ship priority and special priority can be executed promptly, which plays an important role in facilitating bankruptcy handling and improving the business environment of the FTZ. The reform was selected as one of the “Highlights of the People’s Court’s Services to Guarantee the Construction of Pilot Free Trade Zone” issued by the Supreme People’s Court in 2022.

2020年浙江自贸试验区扩区后，高院牵头展开了关键调研课题《关于赋权扩区布景下自贸试验区司法保证新状况新问题的调研》，并依据调研状况出台《关于健全作业机制为自贸试验区酬谢供给有力司法服务和保证的告诉》，进一步健全杭州、宁波、金义、舟山四片区法院全体保证作业机制，支撑辅导各片区法院安身区域功用定位打造特征司法品牌，进一步服务保证我省全面施行自贸试验区吹嘘战略。杭州中院、宁波海事法院、钱塘法院、萧山法院、义乌法院先后出台相关文件服务保证自贸试验区各片区和区块差异化展开。

After the expansion of Zhejiang Pilot FTZ in 2020, Zhejiang Higher People’s Court took the lead in the “research on the new situation and new problems of judicial protection in the Pilot Free Trade Zone in the context of empowerment and expansion”, and issued the Notice on Improving the Working Mechanism to Provide Strong Judicial Services and Protection for the Construction of Pilot Free Trade Zone based on the research to further improve the overall protection mechanism of the courts in Hangzhou, Ningbo, Jinhua, Yiwu, and Zhoushan. The courts in these areas have been supported and guided to create special judicial brands based on their regional functions and positioning to serve and guarantee Zhejiang in implementing the Pilot FTZ improvement strategy in a holistic manner. Relevant documents have also been issued by Hangzhou Intermediate People’s Court, Ningbo Maritime Court, Qiantang Court, Xiaoshan Court, and Yiwu Court to serve and protect the differentiated development of the various areas of the Pilot FTZ.

环绕杭州片区酬谢数字经济高质量展开演示区的功用定位，结合浙江跨境数字买卖继续展开，跨境电商类胶葛不断涌现的实践状况，杭州互联网法院于2020年建立了全国首家依法会集审理跨境数字买卖胶葛的公民法庭——跨境买卖法庭，并于运转一年后发布服务保证浙江自贸试验区跨境买卖白皮书及十大典型事例，总结跨贸胶葛裁判规矩，为支撑互联网商业办法立异展开和引领数字经济健康有序运营供给有力司法保证。

Focusing on the functional positioning of building Hangzhou into a demonstration zone for high-quality development of the digital economy, combined with the real situation of steady development of cross-border digital trade in Zhejiang and the constant emergence of cross-border e-commerce-related disputes, Hangzhou Internet Court established in 2020 the first people’s court in China to centralize the hearing of cross-border digital trade-related disputes according to law, that is, the Cross-Border Trade Court. After the operation for one year, it released a white paper on serving and protecting cross-border trade in Zhejiang Pilot FTZ with ten typical cases, which summarized the rules of adjudication of cross-border trade disputes, providing strong judicial protection to the innovative development of Internet business models and the healthy and orderly operation of the digital economy.

3.发挥审判功用，打造司法服务敞开全局的特征事例。公平高效审理世界买卖、外商出资、涉自贸试验区等各类涉外商事海事案子，依法活跃保证“走出去”“引进来”战略施行。一是服务保证高水平“走出去”，公平高效审理我国企业“走出去”过程中产生的根底设施酬谢、经贸来往、货品运输等涉外民商事胶葛，精确界定当事人权利责任，有用应对海外利益危险应战。如在株式会社某银行与宁波某进出口有限公司信用证胶葛一案中，剖析完善了新式买卖办法下的信用证诈骗构成要件，依法确认外国银行不能以信用证诈骗为由拒付信用证项下的金钱，有力保护我国企业海外权益，促进信用证买卖的健康展开。该案文书获评2022年全国法院涉外商事海事优异裁判文书一等奖。二是服务保证高质量“引进来”，相等保护中外当事人合法权益，实在保证港澳台同胞出资权益，助力营建商场化法治化世界化营商环境。如某台资公司与浙江某进出口公司及其股东宁波某公司生意合同胶葛案中，宁波中院依法确认一方当事人乱用公司法人独立位置躲避债款，危害债务人利益，为台资公司挽回经济损失2000余万元，台商对浙江的法治化营商环境高度认可并决议追加出资190亿元。该案当选最高法院公民法院台胞权益保证十大典型事例。又如章某与某轿车公司等侵权职责胶葛案，台州中院依法确认轿车进口商向大众供给宣扬册内容与实车装备不符，实车存在“减配”景象，归于侵略顾客知情权行为，应与分销商一同承当相应民事职责，依法保护了进口轿车顾客合法权益，促进职业标准运营。三是服务保证浙江自贸试验区酬谢，安身区位优势特征，立异作业机制办法，获得杰出社会效果。如舟山某工程公司与福建某石化储运公司等生意合同胶葛案，考虑到案涉大宗油品买卖具有标的大、金额大、行情动摇大等特征，每单买卖都对企业运营有严重影响，且酬谢以油气为中心的大宗产品资源装备基地是浙江自贸试验区舟山片区的首要展开方向，舟山中院针对性确立了“灵敏保全、平衡保护、保调对接”的作业思路，采用契合企业运营现状与展开需求、对企业运营影响最小的司法办法，保证企业有序展开运营活动，表现了审慎、好心、文明的司法理念，有用优化了自由买卖试验区的法治营商环境。该案当选最高法院发布的“公民法院服务保证自由买卖试验区酬谢典型事例”。

(iii) The role of adjudication has been fully played for the representative cases of judicial services and opening up. Courts in Zhejiang have justly and efficiently adjudicated various foreign-related commercial and maritime cases in international trade, foreign investment, and the Pilot FTZ, to actively implement the strategies of “going global” and “bringing in” under the law. First, serving a high-level “going global”. The courts have endeavored to ensure fair and efficient trial of infrastructure construction, economic and trade exchanges, cargo transportation, and other foreign-related civil and commercial disputes during Chinese enterprises’ going global, and to ensure an accurate demarcation of the rights and obligations of the parties in question so as to effectively respond to the risks of overseas interests. For example, in a letter of credit dispute between a foreign bank and an import and export company in Ningbo, Zhejiang High People’s Court, after an analysis of the components of L/C fraud under the new transaction mode, determined according to the law that foreign banks shall not refuse payment under L/C fraud, effectively protecting the overseas rights and interests of Chinese enterprises and the healthy development of L/C transactions. The case was awarded the first prize in the 2022 Outstanding Judgment on Foreign-related Commercial and Maritime Disputes among National Courts. Second, serving and guaranteeing a high-quality “bringing in”. The legitimate rights and interests of Chinese and foreign parties have been equally protected to safeguard the investment rights and interests of compatriots from Hong Kong, Macao, and Taiwan, and to help create a market-oriented, rule-of-law international business environment. In the dispute between a Taiwan-funded company and an import and export company from Zhejiang and its shareholder, a company in Ningbo, Ningbo Intermediate People’s Court determined according to the law that one of the parties had abused the independent status of the company to evade debts and harm the interests of creditors, recovering economic losses of more than 20 million yuan for the Taiwan-funded company which highly recognized the rule-of-law business environment in Zhejiang and decided to invest an additional 19 billion yuan. The case was selected by the Supreme People’s Court as one of the ten typical cases of the People’s Courts for the protection of the rights and interests of Taiwan compatriots. Another example is the infringement liability dispute between Zhang and a car company. In this case, the Taizhou Intermediate People’s Court determined according to the law that the car importer should share the civil liability with the distributor as the contents of the car importer’s brochure to the public did not match the actual car configuration, leading to a “reduced” configuration of the actual car, which caused an infringement of the consumer’s rights to know. The verdict protects the legal rights and interests of imported car consumers and promotes the standardized operation of the industry. Third, serving and securing the construction of Zhejiang Pilot FTZ. Based on the advantages and characteristics of the region, working mechanisms and methods have been innovated, achieving sound social results. For instance, in the case of the dispute between an engineering company in Zhoushan and a storage and transportation company from Fujian over sales contracts, considering that the bulk oil transaction involved such features as large subject matter, large amount, and fluctuating market, every single transaction has a significant impact on the business operation, and that the construction of oil-and-gas bulk commodity resource allocation base is the future development of Zhoushan Pilot FTZ in Zhejiang, Zhoushan Intermediate People’s Court, under the principle of “flexible preservation, balanced protection, and cohesive preservation and mediation”, adopted judicial measures that met the status quo and development needs of the enterprises with the least impact on their operation, which reflects the judicial concept of prudence, goodwill, and civilization, and effectively optimizes the business environment of the Pilot FTZ under the rule of law. The case was elected as one of the “Typical Cases of People’s Courts Serving and Guaranteeing the Construction of Free Trade Pilot Zone” issued by the Supreme People’s Court.

（二）加强标准化酬谢，审判质效和司法公信力不断吹嘘

ii. Standardization stipulated to steadily improve trial quality and judicial credibility

1.优化涉外民商事案子统辖格式。浙江法院展开涉外商事专业化审判作业至今已有22年。2023年前，全省除高院外，还有11家中院、宁波海事法院和37家底层法院有涉外民商事案子统辖权，构成了以“特定统辖法院、专门审判安排、专业审判人员”为特征的涉外商事海事审判格式。2022年末，最高法院发布了《关于涉外民商事案子统辖若干问题的规矩》，对涉外民商事案子统辖权进行了严重调整，自2023年1月1日起，涉外民商事案子统辖权原则上全面下沉。浙江高院在充沛调研全省各区域敞开型经济展开、涉外民商事胶葛状况和各地底层法院实践条件的根底上，确认了衢州区域涉外民商事案子由常山法院会集统辖，其他区域完成底层法院涉外统辖权全域掩盖的统辖计划，经最高法院赞同后及时向社会发布，并督导新获统辖权底层法院清晰归口处理审判庭或合议庭。我省有涉外统辖权的底层法院从37家增至88家，进一步便当当事人诉讼，优化审判资源装备、吹嘘审判质效。

(i) The jurisdictional pattern of foreign-related civil and commercial cases has been optimized. It has been 22 years since the first professional foreign-related commercial trial in Zhejiang. Before 2023, in addition to the High People’s Court, 11 Intermediate Peoples’ Courts, Ningbo Maritime Court, and 37 grassroots courts in Zhejiang had jurisdiction over foreign-related civil and commercial cases, forming a pattern of foreign-related commercial and maritime trials characterized by “specific jurisdictional courts, specialized trial institutions, and professional trial personnel”. At the end of 2022, major adjustments were made to the jurisdiction over foreign-related civil and commercial cases in the Provisions on Jurisdiction over Foreign-related Civil and Commercial Cases issued by the Supreme People’s Court. Since January 1, 2023, the jurisdiction over foreign-related civil and commercial cases has been fully decentralized in principle. After the full investigation of an open economy, foreign-related civil and commercial disputes in various regions of the province, and the actual conditions of the grassroots courts around the province, Zhejiang High People’s Court has determined the jurisdictional plan that foreign-related civil and commercial cases in the Quzhou area will be centrally governed by the Changshan Court, and the foreign-related jurisdiction will be granted to the grassroots courts in the rest of the areas. The plan will be announced to the public promptly after the approval of the Supreme People’s Court and the newly granted jurisdictional grassroots courts will be supervised to establish the trial court or collegial court. The number of grass-roots courts with foreign-related jurisdiction in Zhejiang has increased from 37 to 88 to facilitate litigation, optimize the allocation of trial resources, and improve trial quality and efficiency.

2.强化涉外商事海事条线监督辅导。发挥全省法院涉外商事海事审判条线合力，完善上下疏通的信息报送和对下辅导作业机制，着力吹嘘审判专业化水平。一是浙江高院编写十余万字的涉外民商事审判“实务教材”《涉外民商事审判实务指引》，整理相关法令法规、世界公约、司法解释和文件准则，总结审判经历，提示审判关键。协作实务指引的下发，展开对全省新获涉外统辖权法院的专题巡回训练。每年展开全省涉外商事海事审判和世界区际司法帮忙事务会集训练。二是标准二审、再审改判发回剖析通报作业机制，逐案剖析改发理由，总结裁判要旨，一致涉外商事海事案子裁判标准。坚持与宁波海事法院举行年度改发案子专题研讨会，该机制已继续20余年，构成触及货代合同，无单放货、船只磕碰、依据确认等多个方面法令问题研讨定见92条。自2022年起，浙江高院将这项机制推行至涉外民商事审判中，每季度发布涉外商事海事及判定司法检查案子改发剖析通报，总结原审存在问题及裁判要旨40余条。三是辅导条线法官精确适用世界公约和世界惯例，依法确认准据法，加强涉外审判专业化酬谢。五年来，浙江法院在涉外案子中依法查明和适用美国、俄罗斯、韩国、阿拉伯联合酋长国等多个国家法令。在某医疗技能帮助有限职责公司与宁波某轿车科技有限公司世界货品生意合同案中，宁波中院在《联合国世界货品出售合同公约》（CISG）条文对违约后的利息赔偿标准及诉讼费用承当并未清晰规矩的景象下，参阅CISG咨询委员会的相关定见作出判定，表现了浙江法院在世界公约的精确了解和适用上的前进，遭到CISG咨询委员会高度评价。

(ii) The direct supervision and guidance on foreign-related commercial and maritime trials have been strengthened. The collaboration among the courts in Zhejiang has been intensified concerning foreign-related commercial and maritime trials to smooth information reporting and guidance and thus enhance the specialization of trials. First, the Practical Guidelines for Foreign-Related Civil and Commercial Trials, a 100,000-word “practical textbook” for foreign-related civil and commercial trials compiled by Zhejiang High People’s Court, has summarized trial experience and highlighted trial essentials on account of an analysis of relevant laws and regulations, international treaties, judicial interpretations, and documentary systems. To better follow the guidelines, special training has been carried out for the courts that have newly acquired foreign-related jurisdiction. In addition, centralized training on foreign-related commercial and maritime trials and international inter-district judicial assistance has been held annually. Second, the mechanism of analyzing and reporting the re-sentencing and return of second trial and retrial has been standardized, which requires case-by-case analysis and summary of the main points of the judgment, contributing to a unified judgment scale of foreign-related commercial and maritime cases. Besides, a special seminar on resentenced and returned cases has been held for over 20 consecutive years, having formulated 92 opinions on legal issues involving freight forwarding contracts, the release of goods without original BL, ship collision, and the identification of evidence. Since 2022, this mechanism has been promoted to foreign-related civil and commercial trials by the Zhejiang High People’s Court, which demands a quarterly analysis of the resentencing and return of foreign-related commercial and maritime cases and arbitration judicial review cases, with over 40 problems and key points of the original trial having been summarized. Third, the specialization of foreign-related trials has been strengthened as the judges have been guided to accurately apply international treaties and practices, and determine the proper law per the law. Over the past five years, the courts of Zhejiang have identified and applied the laws of multiple countries, such as the United States, Russia, South Korea, and the United Arab Emirates, in foreign-related cases by law. In the case of dispute over the contract of international sale of goods between a medical services company and a Ningbo automotive technology company, Ningbo Intermediate People’s Court made a verdict based on the opinions of the CISG Advisory Committee against the absence of standard in CISG concerning interest compensation and litigation costs after a breach of contract. Such practice, highly evaluated by the CISG Advisory Committee, embodies the progress of the courts in Zhejiang in the accurate understanding and application of international treaties.

3.深化世界海事司法浙江基地酬谢。浙江是海洋大省，具有6500公里海岸线（占全国三分之一）和全球货品吞吐量最大港口宁波舟山港。浙江法院安身优势海洋资源，活跃推进海事审判变革立异，严厉公平审理每一同涉海案子。2019年，浙江高院出台《关于推进“最高公民法院世界海事司法浙江基地”酬谢的定见》，基地自成立以来一向致力于在全国首先推进和高水平展开海事审判刑事、行政、民事“三合一”变革，加强智库酬谢和海事审判问题调研，为我国海事审判质效吹嘘和世界影响力的扩展奉献可仿制、可推行的浙江经历。宁波海事法院审结全国海事法院首例涉外海事刑事案子“艾伦•门多萨•塔布雷涉外海上交通肇事案”, 当选全国法院海事审判典型事例。在“佐罗”轮磕碰致船只油污危害赔偿一案中，巴拿马“佐罗”号轮船在嘉兴乍浦港产生磕碰，导致400吨矿物油走漏，宁波海事法院判定允许建立油污危害赔偿职责约束基金，数额为6743109特别提款权及利息，该案是全国海事法院受理的首例外国当事人向我国海事法院请求建立油污危害赔偿职责约束基金案子。宁波海事法院仍是全国首家受理造船企业破产清算案子的海事法院，有序推进东方造船集团有限公司破产案子审理，受理债务申报总金额约12.83亿元。海事审判“三合一”变革当选2021年第二批我国（浙江）自贸试验区准则立异事例。2022年最高法院发布的中英双语《我国海事审判（2018-2021）》中共有15处浙江海事审判元素遭到重视和采用。爱尔兰籍纳桑海运控股活动公司与马绍尔群岛籍诺斯维尔帆海公司自动挑选宁波海事法院诉讼处理标的1.6亿元的船只典当合同胶葛，显现浙江海事司法的世界影响力和公信力不断吹嘘。

(iii) The construction of the international maritime justice base in Zhejiang has been furthered. With abundant maritime resources, including a coastline of 6,500 kilometers (accounting for one-third of the country) and Ningbo Zhoushan Port, the largest port worldwide in terms of cargo throughput, the courts in Zhejiang have actively innovated in maritime trial reform and heard each maritime case fairly. In 2019, according to the Opinions on Promoting the Construction of the International Maritime Justice Base of the Supreme People’s Court in Zhejiang issued by Zhejiang High People’s Court, an international maritime justice base was established in Zhejiang with a commitment to pioneering in high level “three-in-one” reform of criminal, administrative, and civil maritime trial, strengthening the think tank construction and maritime trial research, and contributing replicable and extendable Zhejiang experience to upgrade China’s maritime trial quality and efficiency and expand the state’s global impact. The “Allan Mendoza Tablate Maritime Traffic Accident Case”, the first foreign-related maritime criminal case in China, was concluded by Ningbo Maritime Court and selected as a typical case of maritime trial in the national courts. In the case of oil pollution damage where the collision of the Panama ship “EL Zorro” in Jiaxing Zhapu Port resulted in 400 tons of mineral oil leakage, Ningbo Maritime Court ruled to permit the establishment of the Liability Limitation Fund for Oil Pollution Damage in the amount of 6,743,109 Special Drawing Rights and interest, which is the first case of foreign parties applying to China’s maritime courts for an oil pollution damage liability limitation fund. Moreover, Ningbo Maritime Court is also the first maritime court in China to accept bankruptcy and liquidation cases of shipbuilding enterprises, as it concluded the bankruptcy and liquidation case of Orient Shipbuilding Group Co., Ltd., receiving and handling a total amount of claims up to 1.283 billion yuan. The “three-in-one” maritime trial reform was selected as the second batch of institutional innovation cases in the China (Zhejiang) Pilot Free Trade Zone in 2021. And the maritime trial of Zhejiang is mentioned 15 times in the Chinese and English versions of the China Maritime Trial (2018-2021) released by the Supreme People’s Court in 2022. Additionally, that the Nassau Maritime Holdings Designated Activity Company from Ireland and the Northville Navigation Limited from the Marshall Islands resorted to Ningbo Maritime Court for a ship mortgage contract dispute with a subject matter of 160 million yuan demonstrates increasing global impact and credibility of maritime justice in Zhejiang.

4.成功请求建立杭州、宁波世界商事法庭。杭州、宁波两家世界商事法庭的建立，标志着浙江法院在健全世界商事争端“一站式”多元解纷机制，依法服务保证高水平对外敞开作业中又迈出了坚实的一步，表现了最高法院对浙江涉外民商事审判作业的高度重视和关怀支撑，也对相关作业提出了更高要求。杭州、宁波世界商事法庭已于2023年3月先后举行了揭牌典礼，并于揭牌当日开庭审理了世界商事胶葛“榜首案”。以杭州世界商事法庭为试点开发的“数智国商”体系已同步上线运转，并与浙江法院网对接。该体系集全流程在线诉讼、世界商事胶葛“一站式”融处理、数助决议计划司法服务等功用于一体，深度运用才智法院、异步审理等“浙江全域数字法院”变革效果，旨在打造数字化世界商事法庭的“浙江样本”。

(iv) The establishment of Hangzhou and Ningbo International Commercial Courts has been approved. The two international commercial courts in Hangzhou and Ningbo mark fresh progress in improving the “one-stop”, diverse dispute resolution mechanism for international commercial disputes to better serve and guarantee a high level of opening up by law. This not only reflects the regard and support from the Supreme People’s Court for foreign-related civil and commercial trials in Zhejiang but also puts forward higher requirements. On the day of inauguration in March 2023, Hangzhou and Ningbo International Commercial Courts heard the first cases of international commercial disputes. Furthermore, the pilot system of “Digital Intelligence for International Commercial Affairs”, developed by Hangzhou International Commercial Court, has been put online and connected to Zhejiang Courts Website (www.zjcourt.cn). With the integration of online litigation, “one-stop” resolution of international commercial disputes, and judicial services with digital assistance in decision-making, the system has extensively applied the achievements of the “Zhejiang-wide digital court” reform, such as intelligent court and asynchronous trial, intending to create a “Zhejiang sample” of the digital international commercial court.

5.加强域外司法协作。2018-2022年，全省法院共审结请求供认和履行外国法院民事裁判和判定判定案子173件，触及美国、西班牙、意大利、奥地利、澳大利亚、法国等22个国家，其间予以供认和履行的141件，占比81.50%。请求认可和履行香港、澳门特别行政区和台湾区域法院判定、判定判定案子43件，其间予以认可和履行的26件，占比60.46%。共处理世界、区际民商事司法帮忙文书送达和调查取证案子3501件，其间世界1800件，区际1701件。在尖山光电跨境破产世界协作案中，我省海宁法院审理的尖山光电公司破产重整程序被美国破产法院供认，使我国企业约1.5亿元在美财物被归入我国破产重整程序。

(v) Overseas judicial collaboration has been reinforced. From 2018 through 2022, a total of 173 applications for recognition and enforcement of civil judgments and arbitral awards of foreign courts were concluded in Zhejiang, involving 22 countries such as the United States, Spain, Italy, Austria, Australia, and France, of which 141 were recognized and enforced, accounting for 81.50%. There were 43 applications for recognition and enforcement of court judgments and arbitral awards in Hong Kong, Macao, and Taiwan, of which 26 were recognized and enforced, accounting for 60.46%. Judicial assistance in service of document and investigation and evidence collection has been provided to 1,800 international civil and commercial cases and 1,701 inter-regional civil and commercial cases. In the cross-border bankruptcy case of Zhejiang Topoint Solar Co., Ltd., which was heard by the Haining Court in Zhejiang, the bankruptcy reorganization procedure was recognized by the bankruptcy court of the United States, making the enterprise’s 150 million yuan of assets in the US included in the bankruptcy reorganization procedure.

（三）推进智能化酬谢，数字赋能胶葛处理愈加深化

iii. Intelligence construction to digitally empower dispute resolution

1.建成线上托付翻译项目，进一步便当当事人诉讼。2021年省高院与省翻译协会签定《关于建立协作机制的结构协议》，一同建立涉外审判及外事活动翻译协作机制，以及包含我省涉外审判实践需求的首要语种翻译人员专家库，在全省三级法院一体化作业办案途径及浙江法院网同步上线“托付翻译”功用模块，在线破解涉外审判中存在的翻译难翻译贵问题，为涉外案子当事人供给途径更多样、办法更快捷、本钱更低价的翻译服务。自上线以来共宣布涉外案子托付翻译55件，其间民商事案子37件，刑事案子18件，触及越南语、英语、柬埔寨语、法语、俄语等17种言语，翻译办法包含司法文书笔译和庭审口译等。

(i) An online commissioned translation project has been initiated to facilitate litigation. In 2021, Zhejiang Higher People’s Court and the Translators Association of Zhejiang signed the Framework Agreement on the Establishment of Cooperation Mechanism to establish a cooperation mechanism for the translation of foreign-related trials and foreign affairs, as well as an expert pool of translators in major languages covering the actual needs of foreign-related trials in Zhejiang. The function module of “commissioned translation” has been put online on the integrated office and case handling platform of the three levels of courts in the province and Zhejiang Courts Website (www.zjcourt.cn) to crack the difficulty and high cost of translation in foreign-related trials, and to provide more diverse, convenient and low-cost translation services for parties in foreign-related cases. Since its launch, a total of 55 foreign-related cases have been commissioned for translation, including 37 civil and commercial cases and 18 criminal cases, involving 17 languages such as Vietnamese, English, Cambodian, French, Russian, etc. The translation of judicial documents and interpretation of court hearings are conducted.

2.酬谢域外法查明线上通道，进一步拓宽域外法查明途径。近年来，为疏通域外法查明途径，宁波中院、杭州中院、柯桥法院等先后与华东政法大学建立域外法查明协作机制。2022年，浙江高院牵头，以宁波中院为试点酬谢域外法查明线上托付项目，以宁波中院与华东政法大学的域外法查明协作机制为根底，打通全省法院域外法查明线上托付途径，进一步拓宽域外法查明途径，吹嘘域外法查明质效。

(ii) Online channels have been opened to expand the ways of extraterritorial law identification. In recent years, Ningbo Intermediate People’s Court, Hangzhou Intermediate People’s Court, and Keqiao Court have established cooperation mechanisms with the East China University of Political Science and Law for the identification of extraterritorial law. In 2022, Zhejiang Higher People’s Court took the lead in building an online commissioning project for the identification of extraterritorial law, with a pilot project carried out in Ningbo Intermediate People’s Court. Based on the cooperation mechanism, online commissioning channels have been opened for the courts in Zhejiang to extend the approaches of extraterritorial law identification and improve the quality and efficiency of the identification.

3.打造全国首个海事事例库，进一步一致海事案子裁判标准。在最高法院、浙江高院的支撑辅导下，宁波海事法院联合公民法院电子音像出版社和大连海事大学酬谢的全国首个海事事例库于2021年正式上线，分别在“我国海事审判”网站和浙江法院作业办案途径供给接口，录入海事法规、海事事例、期刊论文、中英文世界公约和作业陈述等文献资料38万余篇，可以完成海事司法裁判大数据剖析、自动生成类案检索陈述等功用，为全国甚至全世界范围内的海事审判人员、海事法令研讨人员以及海现实务作业者检索海事类案和查法用法供给数字化支撑，访客触及全球20余个国家和区域。

(iii) The first maritime case library in China has been established to unify the scale of maritime case adjudication. Under the support and guidance of the Supreme People’s Court and Zhejiang Higher People’s Court, the first maritime case library in China was established and launched in 2021 by Ningbo Maritime Court, together with the People’s Court Electronic Audio and Video Publishing House and Dalian Maritime University. Interfaces have been offered on the website of China Maritime Trial and the office and case handling platform of Zhejiang Courts Website respectively. Over 380,000 pieces of literature have been collated, including maritime laws and regulations, maritime cases, journal papers, international treaties in English and Chinese, and work reports. The case library, with the functions of big data analysis of maritime judicial decisions and autonomous generation of categorized case research reports, can provide digital support for maritime judges, maritime law researchers, and maritime practitioners in China and abroad to search maritime cases and query laws for better application. So far it has served visitors from more than 20 countries and regions around the world.

4.推进数字化变革项目归纳集成，进一步探究涉外商事海事司法新办法。推进“法护自贸”数字化项目酬谢，以舟山中院为试点，高院安排舟山、宁波、杭州、金义四片区法院一同组成项目专班，归纳集成线上托付翻译、域外法查明、诉仲调一站式解纷，胶葛危险预警等子场景模块，探究打造司法服务保证自贸试验区吹嘘展开和高水平对外敞开的集成运用。推进“法护海事”数字化项目酬谢，以宁波海事法院为试点，集成立案智能检查、虚伪诉讼预警、流程信息提示、船只才智履行、现实确认辅佐和决议计划智能辅佐等中心运用场景，探究打造海事司法新办法。

(iv) The comprehensive integration of digital reform projects has been expedited to explore the new model of foreign-related commercial and maritime justice. To promote the digital project of “Legal Protection on Free Trade”, which has been piloted in the Zhoushan Intermediate People’s Court, a special project team consisting of courts in the four areas of Zhoushan, Ningbo, Hangzhou, and Jinhua and Yiwu was founded by Zhejiang Higher People’s Court. Besides, an application integrating sub-scenario modules such as online commissioned translation, extraterritorial law identification, one-stop dispute resolution with cohesive litigation, arbitration, and mediation, and dispute risk warning has been created for the development of the pilot zone and a high-level opening up. The digital project of “Legal Protection on Maritime Affairs”, piloted in Ningbo Maritime Court, integrates the core application scenarios such as intelligent case review, false litigation warning, process information tips, intelligent ship enforcement, fact-finding assistance, and intelligent decision-making assistance, to explore a new model of maritime justice.

（四）夯实底层根底酬谢，司法参加社会处理成效愈加凸显

iv. Grass-roots infrastructure construction to achieve more prominent results in social governance with justice

1.健全诉仲调彼此联接的涉外多元解纷机制。近年来，浙江法院深化推进诉源处理作业，立异涉外司法范畴“枫桥经历”获得活跃成效。杭州中院推出“知识产权•世界商事调停云途径”，入驻香港世界调停中心、新加坡世界判定中心等多家世界商事胶葛调停安排，探究线上长途有偿调停。杭州互联网法院继续推进跨境买卖司法解纷途径酬谢，该途径当选世界互联网大会2022年度“携手构建网络空间命运一同体”实践事例。柯桥、义乌等多家法院聘任来自巴基斯坦、也门、韩国、阿富汗等多个国家的外籍调停员作为涉外商事胶葛调停专员。义乌法院与贸仲浙江分会等一同建立全国首个县域级世界商事胶葛“诉仲调”一站式解纷途径，该做法当选浙江省自贸试验区十大效果，“浙里商场义码处理”相关做法当选最高公民法院《司法变革动态》。

(i) The mechanism of cohesive litigation, arbitration, and mediation for solving foreign-related disputes has been perfected. In recent years, courts in Zhejiang have made positive achievements in introducing the “Fengqiao Experience” to foreign-related justice by furthering the governance of the source of litigation. The “Intellectual Property Rights--International Commercial Mediation Cloud Platform” featuring online remote paid mediation was launched by Hangzhou Intermediate People’s Court and has been adopted by international commercial dispute mediation organizations such as the Hong Kong International Arbitration Center and the Singapore International Arbitration Center. The Hangzhou Internet Court has also continued to construct a judicial dispute resolution platform for cross-border trade, which was selected as a case study for “Jointly Building a Community With a Shared Future in Cyberspace” at the 2022 World Internet Conference. Foreign mediators from Pakistan, Yemen, Korea, and Afghanistan have been recruited by the courts in Keqiao and Yiwu for foreign-related commercial cases. The one-stop “litigation-arbitration-mediation” dispute resolution platform, jointly built by the Yiwu Court and the Zhejiang Sub-Commission of CIETAC, is the first county-level international commercial dispute resolution platform, which was selected as one of the top ten achievements of the Zhejiang Pilot FTZ. And the practice of the “Yi Code for Market Mediation” was selected for the Judicial Reform News by the Supreme People’s Court.

2.深化涉侨胶葛多元化解试点作业。2018年浙江被列为涉侨胶葛多元化解试点省份，2019年浙江高院与浙江省侨联出台《关于展开涉侨胶葛多元化解试点作业计划》，确认青田、文成两家试点作业演示法院，以点带面推进作业立异，构成“海内海外联动调停、线上线下多元共治”的涉侨胶葛多元化解优异经历，并推进“侨纷一件事”数字化项目酬谢。文成法院推出“特邀海外调停员”准则，2016年来近四成涉侨案子以调停办法结案，涉侨案子均匀审理天数从140全国降至43天。青田法院立异运用海外“公民调查调停团”准则，现在已有8个海外调停委员会、45名海外联络员以及13位海外家事调停员，展开在线异步调停245 次。青田法院的立异经历获评最高法院发布的全国法院十大最受欢迎一站式酬谢变革立异效果。

(ii) A pilot project to resolve overseas Chinese-involved disputes in diversified ways has been implemented. In 2018, Zhejiang was listed as a pilot province for the diversified settlement of disputes involving overseas Chinese. A year later, the Pilot Program for the Diversified Settlement of Disputes Involving Overseas Chinese, released by Zhejiang High People’s Court and the Zhejiang Federation of Returned Overseas Chinese, was piloted in Qingtian Court and Wencheng Court to promote innovation in related work. Consequently, excellent experience featuring “joint domestic and foreign mediation” and “online and offline multi-governance” has been formed, and the digital project of “one-stop resolution for overseas Chinese-involved disputes” has been promoted. After launching the “invited overseas mediator” system, nearly 40% of overseas Chinese-related cases of Wencheng Court have been settled by mediation since 2016, with the average number of days of settlement down from 140 days to 43 days. Via an innovative application of the overseas system of “People’s Observation and Mediation Group”, Qingtian Court now has 8 overseas mediation committees, 45 overseas liaison officers, and 13 overseas family mediators, who have conducted 245 online asynchronous mediations. The innovative experience of the Qingtian Court was awarded as one of the top ten most popular innovations in one-stop reform by the Supreme People’s Court.

2022年浙江高院再次与省侨联出台《关于进一步深化涉侨胶葛多元化解试点作业的告诉》，添加西湖、余姚、柯桥、义乌4家试点法院，进一步在省内推行青田、文成两家法院老练经历，吸收了“同享法庭”等底层处理立异效果，被我国侨联领导批示充沛肯定。在青田某公司与陈某某危害公司利益职责胶葛两案中，浙江高院运用这一机制有用化解一同在丽水当地侨界影响较大的涉侨胶葛十年积案，依法保护海外侨胞的合法权益，助力企业回收债务，保护了杰出的营商环境。

In 2022, the Notice on Furthering the Pilot of Diversified Dispute Resolution Involving Overseas Chinese, also issued by Zhejiang High People’s Court and the Zhejiang Federation of Returned Overseas Chinese, added to pilot the four courts in Xihu, Yuyao, Keqiao, and Yiwu, promoted the mature experience of Qingtian Court and Wencheng Court in Zhejiang, and integrated grassroots governance innovations such as the “shared court”, which was fully recognized by the leadership of the Zhejiang Federation of Returned Overseas Chinese. When handling the cases of liability disputes between a company in Qingtian and Chen for harming the interests of the company, Zhejiang High People’s Court effectively resolved a 10-year case of disputes involving overseas Chinese that had a greater impact on the local overseas Chinese community in Lishui, which safeguarded the legitimate rights and interests of overseas Chinese following the law, helped the enterprises recover their debts, and maintained a good business environment.

3.加强“涉外商事海事+同享法庭”酬谢。为立异展开新时代“枫桥经历”，推进底层处理体系和处理才能现代化，浙江法院全面加强“同享法庭”酬谢，“一根网线，一块屏”，集成浙江解纷码、移动微法院、庭审直播体系、裁判文书揭露途径等软件模块，具有调停辅导、网上立案、在线诉讼、普法宣扬、底层处理等功用。全省法院安身区域条件和实践需求，推进涉外商事海事特设“同享法庭”建立，钱塘法院、青田法院、柯桥法院“同享法庭”先后入驻自贸试验区、侨联、判定委、贸促会等相关单位，打造涉外商事海事胶葛“一站式”处理、“一体化”服务最小支点。宁波海事法院先后在滨海多地底层社会处理中心和海港集团、贸促会等单位建立29家“海上同享法庭”，共辅导调停187件、化解胶葛534件、网上立案2150件、在线诉讼429件、法令咨询335次，普法宣扬21场受众12万余人次。

(iii) The construction of “shared courts” for foreign-related commercial and maritime affairs has been beefed up. In order to innovate and develop the “Fengqiao Experience” in the new era and promote the modernization of the grass-roots governance system and governance capacity, the courts in Zhejiang have strengthened the comprehensive construction of “shared courts”. Integrating the software modules such as Zhejiang Dispute Resolution Code, Mobile Micro Court, Live Court System, and Public Platform of Judgment Documents, the shared court boasts the functions of mediation guidance, online filing, online litigation, law popularizing, and grassroots governance. In line with regional conditions and actual needs, the courts in the province have established ad hoc “shared courts” for foreign-related commercial and maritime disputes. The “shared courts” of Qiantang Court, Qingtian Court, and Keqiao Court have been adopted by the Pilot FTZ, Zhejiang Federation of Returned Overseas Chinese, CIETAC Zhejiang Sub-Commission, and CCPIT Zhejiang Committee to offer integrated services and “one-stop” solution of foreign-related commercial and maritime disputes. A total of 29 “maritime shared courts” have been set up by Ningbo Maritime Court in many coastal grassroots social governance centers, Zhejiang Seaport, and CCPIT Zhejiang Committee, having mediated 187 cases, resolved 534 disputes, filed 2,150 cases online, concluded 429 online lawsuits, provided legal advice 335 times, and publicized the law 21 times to an audience of 120,000 people.

三、涉外商事海事审判下一步关键作业

III. Follow-on Work

下一步，浙江法院将继续深化学习遵循习近平法治思维，认真执行统筹推进国内法治和涉外法治要求，紧扣打造世界商事海事胶葛处理优选地这一方针，继续推进涉外商事海事审判作业高质量展开，为我省深化施行“八八战略”，强力推进立异深化、变革攻坚、敞开吹嘘，大力施行三个“一号工程”，着力推进高质量展开供给有力司法服务和保证。

In consistency with Xi Jinping Thought on the Rule of Law, courts in Zhejiang will spare no efforts to meet the domestic and foreign-related rule-of-law requirements, build a destination for international commercial and maritime dispute resolution, and accelerate the high-quality development of foreign commercial and maritime trials, in the meantime striving to provide strong judicial services and guarantee for the province’s in-depth implementation of the “Double Eight Strategies”, furtherance in innovation, reform and opening up, implementation of the three “No. 1 Projects ”, and high-quality development.

（一）进步政治站位，自动服务高水平对外敞开和世界化一流营商环境酬谢

i. Serve a higher-level opening up and construct an international top-notch business environment with better political awareness.

当时世界国内形势下，涉外法治正日益成为支撑世界协作与世界奋斗的重要力气，是国家中心竞争力的重要内容。涉外商事海事审判作为涉外法治作业的重要组成部分，也面临着史无前例的展开机会和危险应战。浙江法院涉外商事审判将进一步增强任务认识和政治担任，结实建立正确司法理念，坚持胸襟国内世界两个全局，统筹展开安全两件大事，饯别公平功率两项要求，运用守正立异两种办法，以高质量涉外司法服务保证高质量展开和高水平对外敞开。一是继续深化遵循外商出资法令法规，相等保护中外当事人合法权益，助力我省营建让企业定心安心专注的商场化法治化世界化最优营商环境，强化对我国“走出去”企业海外合法权益的保护，为高水平“走出去”闯全国与高质量“引进来”强浙江供给有力司法保证。二是更好发挥两个自贸试验区法庭效果，健全自贸试验区四片区法院联动保证作业机制，一同推进“法护自贸”数字化变革项目落地收效，活跃服务保证自贸试验区吹嘘展开。三是发挥审判功用进一步加强司法在反制裁、反干与、反制“长臂统辖”中的效果，活跃参加涉外法令服务联盟作业，继续健全涉外严重灵敏案事情及时陈述与应急处置作业机制，及时研判和妥善应对各类涉外危险应战，在涉外审判中依法保护国家主权、安全和展开利益。

Under the current international and domestic situation, foreign-related rule of law is becoming an increasingly important force to support international cooperation and struggle, as well as a significant element of national core competitiveness. An integral part of the foreign-related rule of law, foreign-related commercial and maritime trials is also confronted with unprecedented opportunities and challenges. With enhanced mission awareness and political responsibility, the courts in Zhejiang will adhere to the correct judicial concept, take into account the domestic and international overall situations, and coordinate the two major issues of development and security. Committed to the two requirements of justice and efficiency, the courts will endeavor to guarantee high-quality development and high-level opening up with fair, innovative, and quality foreign-related judicial services. To be specific, the first attempt is to continuously implement laws and regulations on foreign investment, protect the legitimate rights and interests of Chinese and foreign parties equally, and create a market-oriented, rule-of-law, and optimal international business environment for enterprises to feel at ease and concentrate on operation. The legitimate rights and interests of Chinese enterprises “going global” will be protected to provide a strong judicial guarantee to a high-level “going global” and a high-quality “bringing in”. The second is to better play the role of the two Pilot FTZ courts in serving the FTZ via promoting the linkage between the courts and the digital reform project of “Legal Protection on Free Trade”. The third is to better play the role of justice in anti-sanctions, anti-interference, and countermeasures in the “long-arm jurisdiction”. The courts will actively participate in the work of the Foreign-Related Legal Service Association, constantly improve the mechanism of timely reporting and emergency handling of major and sensitive foreign-related cases and events, and properly respond to various foreign-related risks and challenges with prompt research and judgment, safeguarding national sovereignty, security and development interests in the foreign-related trials according to law.

（二）深化精品战略，不断吹嘘涉外商事海事审判质效和世界影响力

ii. Improve the quality and effectiveness of foreign-related commercial and maritime trials and elevate global impact via high-quality cases

精品战略是推进涉外商事海事审判高质量展开的一项重要抓手，也是促公平提功率的题中应有之义。对此，浙江法院将继续加强对精品事例的发掘培育，建立健全常态化精品遴选发布机制，发挥典型事例的演示引领效果，进一步一致裁判标准，吹嘘审判质效和司法公信力。一是一直牢牢捉住法令办案榜首要务，在涉外商事海事案子中活跃保险行使统辖权，遵循世界公约责任，尊重世界惯例，精确适用准据法，探究构成具有世界影响的典型判定和具有演示含义的裁判规矩，吹嘘我国法令、浙江司法的世界影响力，推进构建愈加公平合理通明的世界经贸规矩体系。二是实在推进杭州、宁波世界商事法庭本质化运作，杰出区域优势和特征，深化总结作业经历，研讨掌握作业规矩，在世界商事审判辅导、胶葛处理、调研服务、人才培育及司法文明沟通互鉴等各方面作业中发挥演示效果、打造特征品牌。三是加强世界海事司法（浙江）基地酬谢，结合“法护海事”数字化变革项目的酬谢推进，继续稳固深化海事审判“三合一”变革先发优势，总结可在全国仿制推行的“浙江经历”。

High-quality cases, an important tool to propel the high-quality development of foreign-related commercial and maritime trials, are integral to promoting justice and efficiency. In this regard, the courts in Zhejiang will continue to select high-quality cases, establish and improve the regular selection and release mechanism of high-quality cases, and bring into play the demonstration effect of typical cases. On that premise, the scale of adjudication will be further unified to enhance the quality and effectiveness of trials and judicial credibility. Specifically, the first endeavor will be to prioritize law enforcement, that is, to properly exercise jurisdiction in foreign-related commercial and maritime cases, abide by international treaty obligations, respect international practice, and accurately apply the proper law. Typical judgment with international impact and exemplary rules of adjudication will be explored to enhance the global impact of Chinese laws and Zhejiang’s justice and to construct a more just, reasonable, and transparent international economic and trade rules system. The second will be to effectively impel the substantive operation of Hangzhou and Ningbo International Commercial Courts. On the strength of regional advantages and characteristics, in-depth summary of work experience, and research on the laws of work, the courts will play an exemplary role and create a special brand in international commercial trial guidance, dispute resolution, research services, personnel training, and judicial civilization exchange and mutual appreciation. The third and last will be to strengthen the construction of the International Maritime Justice (Zhejiang) Base. With progress in the digital reform project of “Legal Protection on Maritime Affairs”, the pioneering advantage of the “three-in-one” reform of maritime trials will be further grounded and replicable “Zhejiang Experience” will be summarized and promoted nationwide.

（三）加着重研辅导，着力酬谢高素质专业化涉外商事海事审判部队

iii. Build a high-quality professional foreign-related commercial and maritime trial team with strengthened research and guidance

涉外审判在统辖、送达、取证、法令适用、裁判文书制造等各方面有别于一般民商事审判作业，对法官专业化水平要求较高，需求长时间的审判经历堆集。所以涉外审判条线愈加着重部队稳定性和专业性。此外，跟着涉外案子统辖权的全面下沉，涉外民商事专业审判经历不足的问题就愈加凸显、亟待处理。为有用应对这一状况，实在保证涉外民商事审判质效，一是高度重视严厉执行归口处理，保证具有涉外统辖权的88家底层法院均建立专门审判安排或合议庭担任审理涉外民商事案子，配齐配强审判力气，推进酬谢一支与现行涉外民商事案子统辖机制相匹配的专业化审判部队。二是强化调研辅导和事务训练，结合省高院民四庭编发的《涉外民商事审判实务指引》，加强分层调研辅导，对审判作业中呈现的问题及时研讨处理，推进涉外民商事审判标准化、专业化展开。三是进一步标准世界、区际司法帮忙专办员作业机制，完善全省法院司法帮忙专办员名单，施行动态处理。对有涉外统辖权的法院，司法帮忙专办员由涉外民商事案子归口处理部分一致处理。进一步加强对司法帮忙长时间未结案的盯梢督办，吹嘘涉外送达质效。四是完善对复合型世界化涉外审判人才的遴选、培育、储藏、运用机制，培育更多既有全局观念又有世界视界，既知晓国内法令又了解世界法规矩，长于处理涉外法令事务，可以走向世界的法官。

Foreign-related trials are different from general civil and commercial trials in the jurisdiction, service, evidence collection, application of the law, and production of adjudication documents, which imposes a higher requirement on the expertise and trial experience of the judges. Therefore, the stability and professionalism of the team are underscored in foreign-related trials. Besides, as the jurisdiction of foreign-related cases has been decentralized, the problem of insufficient experience in foreign-related civil and commercial trials has become more prominent and needs to be solved. To effectively deal with this situation and ensure the quality and efficiency of foreign-related civil and commercial trials, four main attempts will be made. The first is to attach great importance to the strict implementation of decentralization by ensuring that all 88 grass-roots courts with foreign-related jurisdiction set up specialized trial institutions or collegial panels to hear foreign-related civil and commercial cases. The trial forces will be strengthened to build a professional trial team that matches the current jurisdictional mechanism for foreign-related civil and commercial cases. The second is to strengthen research guidance and business training. Based on the Practical Guidelines for Foreign-Related Civil and Commercial Trials issued by the Fourth Civil Division of Zhejiang Higher People’s Court, hierarchical research and guidance will be intensified to promptly study and solve problems arising in trials, and promote the standardization and professional development of foreign-related civil and commercial trials. The third is to further standardize the working mechanism of international and inter-district judicial assistance commissioners, enrich the list of judicial assistance commissioners in the province’s courts, and implement dynamic management. For courts with foreign-related jurisdiction, the judicial assistance special commissioners are uniformly managed by the department for foreign-related civil and commercial cases. The long-unsolved cases of judicial assistance will be tracked and supervised to improve the quality and efficiency of foreign-related service. The fourth and last is to improve the selection, training, reserve, and appointment mechanism of multi-facet international foreign-related trial talents so as to cultivate more judges who are good at handling foreign-related legal affairs, who are well-versed in domestic laws and familiar with the rules of international law, and who have big-picture concepts and international vision.

（四）坚持变革立异，体系推进数字赋能涉外商事海事胶葛处理

iv. Promote digital empowerment of foreign-related commercial and maritime dispute resolution with relentless reform and innovation

要环绕抓实公平与功率继续深化变革立异，以数字化变革为牵引推进涉外商事海事胶葛处理提能晋级，真实让中外当事人享遭到平等普惠、高效快捷的我国互联网司法，下一步浙江法院将继续统筹推进与涉外商事海事胶葛处理有关的数字化变革项目的酬谢和贯穿，着重归纳集成、实战实效。一是继续推进“法护海事”“数智国商”等集成运用的酬谢和贯穿，继续优化和推行线上托付翻译、线上域外法查明、海事事例库等场景模块，丰厚集成运用功用，吹嘘场景运用功率。二是健全诉讼、判定、调停有机联接的一站式世界商事胶葛多元化处理机制，依托现有世界商事调停云途径、跨境买卖司法解纷途径等，活跃探究世界商事胶葛多元处理新途径。三是继续深化涉侨胶葛多元化解试点作业，总结推行“海内海外联动调停、线上线下多元共治”的涉侨胶葛多元化解经历，擦亮浙江涉侨胶葛多元化解“金手刺”。四是发挥好特设同享法庭的效果。在“同享法庭”五大首要功用的根底上，结合各地实践状况表现涉外商事海事特征，推进涉外商事海事条线诉源处理、案源处理。

To improve justice and efficiency with deepening reform and innovation, promote foreign-related commercial and maritime dispute resolution with digital reform, and make Chinese and foreign parties enjoy equal and universal, efficient and convenient Chinese Internet justice, the courts in Zhejiang will continue to coordinate the construction of digital reform projects relevant to foreign-related commercial and maritime dispute resolution with an emphasis on comprehensive integration and practical effectiveness. Firstly, the integrated applications such as “Legal Protection on Maritime Affairs” and “Digital Intelligence for International Commercial Affairs” will be further constructed and interconnected with ample functions and high scenario application efficiency by optimizing and promoting scenario modules such as online commissioned translation, online extraterritorial identification, and maritime case library. Secondly,the one-stop mechanism for diversified settlement of international commercial disputes through the cohesive connection of litigation, arbitration, and mediation will be perfected. Efforts will be made to actively explore new paths for diversified settlement of international commercial disputes by relying on the existing platforms of cloud international commercial mediation and cross-border trade dispute resolution. Thirdly,the pilot diversified settlement of disputes involving overseas Chinese will be carried forward. The excellent experience of “joint domestic and overseas mediation, online and offline multi-governance” will be a golden brand of Zhejiang in terms of diversified settlement of disputes involving overseas Chinese. Fourthly and lastly, the role of the ad hoc shared court will be well played. On the basis of the five main functions of the “shared court”, direct governance on the source of foreign-related commercial and maritime cases and causes will be further implemented, combined with the actual situation of each area.