Summary of the work of the court in the first half of 2019

In the first half of XX, under the correct leadership of the party group and the dean of the hospital, with the strong support of all departments of the hospital, our court closely combined the "people's judges for the people" and the "year of entrepreneurship service" theme activities, focusing on in-depth promotion The requirements of the three key tasks of social contradictions, social management innovation, fair and honest law enforcement can activate the judiciary, serve the overall situation, properly handle all kinds of civil and commercial cases, conduct targeted research, and strive to reform the trial management and build the team. . Under the joint efforts of the comrades in the whole court, the tasks of the first half of the year were better completed.

1. Targeting social contradictions and properly handling all types of civil and commercial cases

As of June 30, XX, the number of newly received cases in our court was 39. Compared with the same period of last year, the number of cases received increased by 5, an increase of 14.7%. The amount of litigation was 431 million yuan, a slight decrease compared with the same period of last year. Compared with XX, the decline was significantly larger, with a decrease of 57.7%. Together with 11 cases of old deposits last year, in the first half of the year, our court handled 50 cases of first and second instance, and 34 cases have been concluded, with a settlement rate of 68%. Some of the outstanding cases are recent new cases, some of which are during the announcement and judicial appraisal, and some cases are doing mediation work. Of the 33 second-instance cases that have been closed, 16 have been upheld, 8 have been rescinded, and 2 have been returned for retrial. The second-instance case retention rate was 48.5%, an increase of nearly 12 percentage points compared with the same period last year. The rate of second-instance cases was 24.2%, which was 10% lower than that of the same period last year. There were 7 cases of mediation and withdrawal, accounting for 21.2%, which was basically the same as last year, and increased by 8 percentage points compared with XX. Judging from the types of cases accepted, the company's equity transfer, internal shareholder disputes and traditional loan guarantee disputes are still the main types of cases in our court, and 12 and 18 cases were accepted respectively. Judging from the distribution of the court of first instance in the protest case, there were 10 protests in the Nanchang Intermediate People's Court, 8 in the Shangrao Intermediate Court, 3 in the Jingdezhen, Zhangzhou, Yichun, Fuzhou and Jiujiang Intermediate Courts, and 2 in the Xinyu and Pingxiang Intermediates. In the trial of civil and commercial cases, our court has always focused on the overall situation of service economic development, adhered to the concept of fair, efficient and harmonious justice, and effectively resolved social contradictions by handling commercial disputes. The first is to carefully handle disputes involving state-owned enterprises. With the advancement of the state-owned enterprise reform process in our province, the main types of cases involving state-owned enterprises are disputes over enterprise restructuring, including disputes arising from the effectiveness of restructuring actions and disputes arising from the commitment of external debts after restructuring, and the transformation into loans for bad financial claims. Disputes and bankruptcy cases of state-owned enterprises. Although the number of cases of non-performing financial debts involving state-owned enterprises has declined, the conflicts of interest have intensified and the balance of interests has become more difficult. Especially in the case where the credit transfer procedure is legally recognized, the interests of all parties are even more difficult to coordinate. Our court has always attached great importance to supporting the overall reform of state-owned enterprises. While emphasizing the strict review of the procedures for the transfer of bad financial credits, we have increased the use of various measures such as mediation, coordination, and reconciliation to resolve disputes from the source and create reforms for state-owned enterprises. A good asset environment. In the case of state-owned enterprise bankruptcy, our court strengthened the guidance and supervision of the lower courts in handling such cases by reviewing the cases of dissatisfaction with bankruptcy rulings and coordinating specific cases, emphasizing the need to strengthen coordination with government departments in case trials. Guide enterprises to realize assets according to laws and regulations, actively prevent possible instability factors in bankruptcy, and maintain enterprise stability and social stability. The second is to conduct trials of various types of corporate litigation disputes from the perspective of maintaining stability. The company's litigation disputes mainly include disputes between the company's shareholders, small and medium-sized shareholder lawsuits, and company dissolution proceedings. Such disputes can easily affect the stability and survival of the company, and thus affect the stability of the market order to varying degrees. In dealing with internal disputes, we insist on the company's autonomy, the judicial concept of judging the intervention, the right to know about small and medium-sized shareholders, and the distribution of surplus. We pay attention to the relationship between judicial intervention and corporate autonomy. The balance of interests between the company's interests and the legitimate rights and interests of minority shareholders. For example, in the dispute between Qin Yulin and Jiujiang Xingcheng Real Estate Development Co., Ltd., the minority shareholder Qin Yulin dissatisfied with the company's non-distribution of profits, and agreed to distribute the company's profits to the court in the case of no agreement with other shareholders. Since the company's shareholder meeting does not form a profit distribution resolution, direct judgment of the distribution of profits may cause excessive judicial intervention in the company's autonomy, and whether or not to distribute profits in accordance with the company law and the company's articles of association is the power of the company's general meeting of shareholders. If the judgment rejects the petition, it is not conducive to the protection of the legitimate rights and interests of the minority shareholders. The collegiate bench repeatedly made mediation work among shareholders through the mediation plan of other remedies. The leaders of the court also participated in the coordination several times, and finally settled the case by other shareholders purchasing the small shareholder shares, which not only protected the minority shareholders' rights and interests, but also maintained the stability of the company. And normal operations, but also effectively avoid the conflict between judicial intervention and corporate autonomy. Third, on the premise of equal protection, discretionary exercise of discretion and fair trial of breach of contract liability disputes. In the trial of various types of contract breaches, our court strictly applies the contract law and its relevant judicial interpretations and the provisions of the Supreme Court's guiding opinions, in order to promote transactions and regulate market order as a guiding concept, in litigation involving the cancellation, modification or dissolution of contracts. Prudently apply the principle of change of situation. After the establishment of the contract, the objective situation occurs when the party fails to foresee the contract, and the non-force majeure caused by the contract is not a major change in commercial risk. Continue to perform the contract is obviously unfair to one party or cannot achieve the purpose of the contract. According to the principle of fairness, it is determined whether to change or cancel according to the actual situation of the case. In the lawsuit for claiming damages for breach of contract, we assign the burden of proof according to law, strictly exercise the discretionary power based on the facts of breach of contract and liability for breach of contract, and fairly determine the amount of liquidated damages.

Second, to activate the judiciary, serve the overall situation, and promote social management innovation

The first is to follow the decision-making and deployment of the provincial party committee and promote the reform of the seven system state-owned enterprises in the province. In accordance with the arrangement of the key work and task decomposition plan at the beginning of the year, the court, as the lead department for providing legal guarantees and services for the reform of the seven system state-owned enterprises, formulated the "On the use of justice" on the basis of soliciting opinions from relevant departments of the hospital. Mobilization, the implementation plan for providing judicial guarantees and services for the reform of seven system state-owned enterprises in the province according to law, clarifying the purpose, content, task division, work steps and work requirements of the work. In accordance with the working steps of the implementation plan, the court visited seven relevant government departments and state-owned enterprises, held a special symposium to listen to the opinions and suggestions on promoting the reform of the seven system state-owned enterprises, and timely found out the problems existing in the reform of state-owned enterprises. Legal issues and the new judicial needs of the seven system state-owned enterprises for the courts clarify the direction and ideas for providing legal services and judicial guarantees for state-owned enterprises. After the Provincial Party Committee and the Provincial Government mobilized and deployed the reform of the seven-system state-owned enterprises in the province, our court promptly drafted and submitted the approval of the leaders of the scholastic courts and issued the "Provisional Judicial Protection and Service for the Reform of Seven Systematic State-owned Enterprises". The Notice of Work provides specific requirements for the provincial courts to reform the seven system state-owned enterprises. The second is to strengthen communication and cooperation, integrate into the overall situation, and jointly promote the economic development of the province. Our court closely follows the goal of catching up and surpassing the development of the province. While giving full play to the civil and commercial trial function to serve the overall economic development, we pay more attention to the overall situation, integration into the overall situation, overall service, and pay more attention to the provincial SASAC and the provincial manpower. The Department of Resources and Social Security, the Provincial Insurance Regulatory Bureau and other departments communicate and cooperate to promote the province's economic development. As always, our court has strengthened the information exchange, mutual cooperation, mutual coordination and mutual support with the State-owned Assets Supervision and Administration Commission. We continue to cooperate with the Provincial Human Resources and Social Security Department to carry out the collection of small-guarantee overdue loans, and protect and promote me according to law. The province's small-sum guarantee loans play an active role in promoting entrepreneurship and driving employment; giving full play to the guiding role of judicial judgments in the construction of insurance market rules, strengthening communication with the Insurance Regulatory Bureau and insurance industry associations, and promoting the healthy and standardized development of the insurance industry in our province. Under the impetus of our court, our institute signed a Memorandum of Understanding with the Provincial Insurance Regulatory Bureau to strengthen the cooperation and exchange mechanism in February this year, which clarified the establishment of the contact system for the three parties, the conduct of business training seminars, joint research, and the establishment of a joint mediation mechanism. Establish matters such as case handling assistance mechanisms. In order to actively implement the requirements of the Memorandum, at the end of June and the beginning of July, our court and the Provincial Insurance Regulatory Bureau jointly organized a joint symposium between the second-level court and the local insurance companies to explain the insurer's obligations and insured in the case of insurance contract disputes. The issue of the notification obligation, the insurer's contract cancellation right and other hot and difficult issues were discussed in depth, and the court and the insurance industry jointly exchanged the province's economic development. The third is to give play to the characteristics of commercial courts and support and promote venture capital investment. Commercial trials are closely related to the economic situation and the development of economic construction. Commercial trials are more about solving economic disputes between enterprises and corporate legal persons. On the one hand, our court combines the “Start-up Service Year” activities carried out by the provincial courts, fully utilizes the economic forms and laws grasped by commercial trials, and protects the legitimate rights and interests of investors through equal protection according to law, and creates a good enterprise for independent innovation and the introduction of strategic investors. Investment environment and rule of law environment. On the other hand, in combination with the legal problems found in the trial practice, the court found that the disputes were more in-depth, deepened in the company, visited the forum, helped the enterprises grasp the business rules, guided the enterprises to avoid economic disputes according to law, and effectively assumed the jurisdiction for enterprises to start and operate. The functional role of safeguards and effective judicial services.

Third, pay attention to actual results, carry out research work around trial practice

At the beginning of the year, the court identified the following investigation tasks for the problems reflected in the trial practice: the insurance contract dispute on the insurer's obligation to inform and the traffic accident liability insurance in the three cases of theft, drunk driving and unlicensed driving Whether it is responsible for personal injury or death, on the basis of in-depth investigation, we will strive to issue relevant guidance on the trial of insurance disputes; in order to cooperate with the provincial party committee on the reform of state-owned enterprises, the number of bankruptcy cases involving state-owned enterprises will increase sharply. On the basis of the investigation of the bankruptcy case investigation conducted by the organization, further in-depth investigation, the introduction of specific guidance for the trial of the case, the unified court trial ideas; the savings deposit between the financial institution and the depositor caused by the bank card being stolen from the deposit Contract disputes are increasing. We have organized research on the problems existing in the ATM card deposit disputes. On the basis of research, we issued guidance on the trial of relevant cases. From the situation completed in the first half of the year, the preliminary tasks of the three investigations were basically completed, and the investigation of the insurance contract disputes has completed the data collection; the investigation report on the bank card deposit dispute of the atm machine has been completed; the guidance and opinions on the bankruptcy case of the state-owned enterprises have basically taken shape. The provincial courts and relevant departments of the hospital will be issued for comments in the near future. In addition, in the first half of the year, our court cooperated with the Supreme Court to complete the following research tasks: to investigate and solicit opinions on the “Provisions on the Applicable Law of the People's Court on the Cases of Enterprise Bankruptcy Cases”, and to report relevant opinions and suggestions to the Supreme Court; The court submitted the statistics and trials of the number of cases involving financial disputes handled by the courts in the province from XX to XX. The relevant cases of civil and commercial trials since XX were submitted to the Supreme Court, reflecting in detail the current civil and commercial trials. The difficulties and problems in the middle, and corresponding measures and suggestions for strengthening and improving the trial work of civil and commercial matters. In response to the Supreme Court's "Interpretation of Several Issues Concerning the Trial of Contracts for Sale and Purchase", the draft of the Exposure Draft was conducted to form a research report to the Supreme Court to provide materials and materials for the improvement of relevant judicial interpretations.

Fourth, strengthen trial management, strictly control team building, and ensure fair and honest law enforcement

First, formulate and improve various trial management systems so that the civil and commercial trials have rules to follow. In order to strengthen the trial management, the court further revised the "Management Rules for the Trial of the Second People's Court", perfected the program requirements and time limits for each step from the receipt of the case to the completion of the case, and strictly controlled the time schedule and improved the case for each stage of work. The operational efficiency of all aspects of the trial. Secondly, in order to ensure that the work of the court can be deployed in a timely manner, carried out in an orderly manner and effectively implemented, we have formulated the Rules for the Office of the President of the Second People's Court, which clarifies the tasks and main responsibilities of the President's Office and clarifies the internal tasks. Decision making program. To ensure the quality of the trial of the case, the court continued to adhere to and improve the research system for the difficult cases of the court and the guidance and supervision system of the president. Give full play to the role of the court, concentrate the wisdom of the court, and provide reference for the collegial panel to handle the case. At the same time, the President personally served as the presiding judge to review major and complicated civil and commercial cases and to participate in the evaluation of all cases, promptly guide and supervise the collegial panel trial, and strengthen management. The second is to strengthen study and training and comprehensively improve the overall quality of the judges. On the one hand, the court implemented the "People's Judge for the People" theme practice activities in the court, strengthened the study of political theory, and further deepened the "mainly by law, law enforcement for the people, fair disputes, overall service, party leadership" as the main content. The concept of socialist rule of law has enhanced the political consciousness, the overall situation consciousness, the awareness of the people and the legal consciousness of the comrades in the whole court. On the other hand, the court has selected personnel to participate in the business training of the Supreme Court and the National Judges College, to enhance the professional quality of the judges, broaden their horizons, and update the concept of commercial trials. In the first half of the year, I selected a comrade to participate in the study of the National Judges College and the Tianpu University Judicial Training Cooperation Project; two comrades participated in the national court civil evidence practice training class; one comrade participated in the bankruptcy law forum discussion; one comrade Participated in the national commercial trial seminar. The third is to strengthen the building of a clean government and raise the awareness of anti-corruption and rejection. With the profound changes in the social interest relationship, the environment for commercial trial work has become more complicated. Commercial judges are at the forefront of resolving disputes and resolving contradictions, and are susceptible to erosion and erosion by various negative factors. Our court pays special attention to the discipline of the judges and the construction of a clean government, continuously strengthens the education, guides the staff of the whole court to strengthen self-discipline, strictly demands themselves from the ideological and operational actions, regulates judicial behavior, rejects greed, and does not stretch. The greedy hand, not doing greed, stick to indifference, strict self-discipline.

While completing my job, the court also actively undertakes the tasks assigned by the Supreme Court and the party group of the Court. In May, the court hosted the Supreme Court’s conference on the judicial interpretation of the National Court of Sale and Purchase Contract held in xx. Despite the limited staff, the careful deployment and careful arrangement of the court leaders and the concerted efforts of the comrades in the whole court were completed satisfactorily. The various conference work ensured the smooth convening of the conference, which was affirmed by the Supreme Court and praised by other brothers' courts. According to the arrangement of the party group, the court assumed the external liaison and material submission for the seven-system state-owned enterprise reform service, and timely submitted the relevant work updates and information to the seven system reform offices. Due to the outstanding performance of our court in the policy closure and bankruptcy of state-owned enterprises in the province, our court was rated as the advanced collective of policy-based closure and bankruptcy of state-owned enterprises in the province.

Looking back at the first half of the year, our court has successfully completed various tasks and achieved some results. However, there are still some problems. For example, the efficiency of handling cases needs to be further improved. The research work needs to be further tightened, and the research results should be transformed as soon as possible. The methods of serving the overall situation need further innovation. These issues also require us to actually improve in the second half of the work.

July o July