In order to serve and guarantee the construction of Shanghai International Financial Center and further clarify the jurisdiction of Shanghai Financial Court, the1746th meeting of the Supreme People's Court Judicial Committee was held on July 3, 2008, in accordance with the Civil Procedure Law of People's Republic of China (PRC), the Administrative Procedure Law of the People's Republic of China and the Decision of NPC Standing Committee on Establishing Shanghai Financial Court. The Provisions of the Supreme People's Court on the Jurisdiction of Shanghai Financial Court (hereinafter referred to as the Provisions) were reviewed and adopted, and it was decided to come into force on August 18, 2008.
After all, financial cases are different from traditional criminal cases or civil and commercial cases. The trial and execution of financial cases are often accompanied by complex problems such as high litigation amount, many litigation preservation cases, many derivative cases, difficult delivery of cases and difficult execution. It is difficult to grasp the legal relationship without a certain reserve of professional knowledge and practical experience in trial of related cases. In addition to the specialization of trial organization, the specialization of judges is the most important, and more double-faced talents are needed as law enforcement workers to complete the trial more accurately.
legal provision
Provisions of Shanghai Financial Court on Jurisdiction of Cases. Article 1 is amended as follows:
"The Shanghai Financial Court has jurisdiction over the following financial civil cases of first instance accepted by the intermediate people's courts within the jurisdiction of Shanghai:
(1) Financial civil disputes such as securities, futures trading, commercial trust, insurance, bills, letters of credit, independent guarantee, factoring, financial loan contract, bank card, financial lease contract, entrusted financial management contract, savings deposit contract, pawn and bank settlement contract;
(2) Financial civil disputes arising from asset management business, asset-backed securities business, private equity fund business, foreign exchange business, sales and appropriateness management of financial products, credit investigation business, payment business and other financial businesses approved by the competent authority;
(3) Company-related disputes involving financial institutions;
(4) Bankruptcy disputes with financial institutions as debtors;
(5) Arbitration and judicial review cases of financial and civil disputes;
(six) to apply for recognition and enforcement of judgments and rulings of the courts of Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province Province, and to apply for recognition and enforcement of judgments and rulings of foreign courts in financial and civil disputes. "