Cases involving enterprises should be handled in this way…

2022-04-28 0 By

One day in March last year, the consulting phone of the case filing court of Dalian Maritime Court rang non-stop: “Judge, last year, 10 containers of Pacific true cod imported by our company arrived at Dalian port. There was a sudden OUTBREAK of COVID-19, and the goods underwent nucleic acid testing and virus elimination at the port.Now the customs has approved the release, but the shipping company requires us to pay a demurrage fee of more than 1 million yuan to pick up the goods…We shouldn’t be paying for this!Can apply for maritime compulsory order, ask a court to force shipping company to put goods, every night a day is about to hand in 10 thousand yuan more, we worry!”The disputes are concentrated in the import cold chain, involving hundreds of domestic consignees and dozens of domestic and foreign shipping companies.Dalian Maritime Court optimized judicial service guarantee by means of “pre-litigation mediation” + “maritime injunction” + “judicial advice”, and solved the 82-day cod delivery problem in only 23 hours, thus relieving the urgent needs of many cold chain enterprises.The judge of dalian Maritime Court answers the shipping company s questions.Enterprises of the case to handle a matter under the rule of law in liaoning business environment construction about the outside world for the development of liaoning is expected to take the business environment construction of rule by law into practice, province higher people’s court of the party group put forward “everyone is doing business, the case case is a litmus test” new ideas, to the provincial court more policemen’s thought and action, reflected in the trial of cases involving more than million each year.Open the door and listen to the voice of the people.The courts of the province carried out activities to solicit opinions from market subjects, and the presidents of the three levels of courts took the lead in visiting enterprises, asking about their needs, and humbly holding the ambition of serving revitalization and development.625 forums were held, 2,060 enterprises were visited and 615 opinions and suggestions were collected from 13 aspects.On the basis of extensive soliciting of opinions, the provincial court has established a “3+5+1” working system for the construction of a legal business environment with Liaoning characteristics, which is promoted systematically and by project, and is “specialized, refined and practical”.Among them, the provincial court issued the “Measures on The Assessment of The Impact of Production and Operation on Cases involving enterprises (Trial)”, which minimizes the impact of judicial actions on the production and operation of market subjects, giving enterprises a “reassuring”.Provincial courts should build a “3+5+1” working system for establishing a law-based business environment.Since last year, the courts in the province have changed the way of law enforcement, improved the judicial level, and provided better service.Shenyang Intermediate People’s Court aimed at the construction deadlock in the construction contract dispute of the construction project, formulated the “Operation Guide for the termination of the contract by first judgment under the deadlock of the construction contract dispute of the construction project”, and promoted the resumption of work and production as soon as possible by judicial means, which was highly praised by the market subjects.Faced with a case involving 3 enterprises and a large number of parties, Yingkou Intermediate People’s Court immediately started the process of production and operation impact assessment on the case involving enterprises. It only took 5 days from the initiation of mediation to the conclusion of the case.Panjin two levels of court to improve the long-term mechanism of clearing cases involving enterprises, improve the case turnover cycle, shorten the trial days, effectively prevent the super-long trial “thin” “drag down” enterprise phenomenon……In 2021, the courts of the province applied the evaluation method to resolve multiple cases before litigation, and made quick judgments and trials, revitalized 67.16 billion yuan of assets through “live sealing and locking” and property replacement, and did not take or suspended 40,487 credit punishment measures in accordance with the law…”As a representative from an enterprise, I pay particular attention to the work of the court to promote the construction of a law-based business environment, especially the impact assessment of production and operation of cases involving enterprises, which demonstrates the firm determination of the people’s Court to serve enterprises.”This year’s provincial two sessions, provincial people’s Congress liaoning Sibeike Shelf Manufacturing Co., LTD. Workshop director Wang Yanling praised the provincial court work report.The provincial court held a forum for entrepreneurs to create a law-based business environment.Xiaobian notes that market players are the power carrier of the economy, and ensuring market players is to ensure social productivity.Satisfaction as the first standard, the masses as the first evaluation, market evaluation enterprise as the first feeling, the provincial court continues to pass to the world to build strong signal under the rule of law to do business, based on the effective improve service market main body ability level, to boost prosperity comprehensive revitalization of liaoning has played a prominent role.