This paper explores the hot spots and difficulties of financial judicial adjudication from the report on financial justice
Li Chengyu Editor-in-Chief Price: 5600 yuan.
Introduction. China's Financial Justice Report (2022) is an authoritative work in the field of financial justice published by the National Judges College for the fifth consecutive year, and is a phased research result of the National Key R&D Program "Research on Key Technologies for Intelligent Research and Judgment of Ubiquitous Judicial Cases and Foreign-related Rule of Law". The book is divided into three parts: general report, sub-report and regional report, which systematically sorts out the situation of national financial judicial work in 2022, focuses on the analysis of hot and difficult issues in bank card disputes, electronic bill disputes, financial leasing contract disputes, marine insurance contract disputes and asset management disputes, and professionally refines and summarizes the concept of financial judicial adjudication. The regional report extracts some of the financial and judicial statistics of the middle and grassroots local courts, which is of great benefit to understanding the situation of regional financial trials and even the trend of regional economic development. The whole report is important for promoting the unification of financial judicial adjudication rules.
1. The compliance and law-abiding operation of financial institutions, the acquisition of necessary legal knowledge by financial consumers, and the continuous improvement of the national financial governance system are all of great significance, and are important reference books for financial trial judges, prosecutors, lawyers, financial practitioners, researchers, law students, etc.
Postscript to the book. China Financial Judicial Report (2022)" is an important work of the National Judges College to resolutely implement the thought of socialism with Chinese characteristics and the rule of law in the new era, thoroughly implement the decision-making and deployment of the Party Group of the Supreme People's Court, and strive to tell the story of China's judiciary, disseminate China's judicial wisdom, and build a high-end think tank for financial justice. The report continues our tradition of faithfully recording and accurately conveying the achievements and experience of China's financial and judicial undertakings, and aims to reflect the latest progress of the people's courts in safeguarding national financial security, preventing and resolving financial risks, promoting financial services for the real economy, and strengthening financial consumer protection, demonstrating the determination and will of the people's courts to serve and ensure financial stability and development, and clarifying the direction of financial justice work in promoting the "four comprehensive" strategic layout.
The book took nearly a year to complete, and after several proofreadings, it was completed into a book. In the end, it was successfully published, thanks to the cordial care of President Zhang Jun and the personal guidance of Liu Guixiang. Here, we would like to solemnly thank the Supreme People's Court, Beijing Financial Court, Shanghai Maritime Court, Nanjing Intermediate Court, Chengdu Intermediate Court, Wuhan Intermediate People's Court, Xiamen Financial and Judicial Coordination Center, Chongqing Yuzhong District Court, Yubei District Court and other units for their strong support, and thank the People's Court Publishing House for their favor and love for this manuscript.
The report adopts an overall score structure and has regional report columns. The first chapter of the general report is in charge of the research group of the National Judges College, and Wang Rui is responsible for writing; The second chapter is responsible for the research group of the Supreme People's Court, written by Zhang Xueling; The third chapter is in charge of the research group of Xiamen Financial and Judicial Coordination Center, written by Lin Hong; The fourth chapter is in charge of the research team of the Financial Court of the Chengdu Intermediate People's Court, and is written by Zhou Yuxian; Chapter 5 is in charge of the research team of the Shanghai Maritime Court, written by Xie Zhenzhi; Chapters 6 and 7 are in charge of the research team of the Beijing Financial Court, Chapter 6 is written by Ding Yuxiang, Wang Rui, Sun Zhaohui, Jiang Jinlian, Yu Zhouqi, Dong Yan and Shi Yubing, and Chapter 7 is written by Li Li; Chapter 8 is responsible for the research group of Nanjing Intermediate People's Court, written by Huang Weifeng, Zhang Hanqing, and Wang Ruixuan; Chapter 9 is responsible for the research group of Wuhan Intermediate People's Court, written by Cao Wenbing, Shu Ailin, Yang Sanchuan, and Long Keqiong; Chapter 10 is jointly undertaken by the research team of the Yuzhong District Court of Chongqing Municipality and the research group of the Yubei District Court, the report of Yuzhong District is written by Liang Xiaofeng, Wang Zhenxiang, Tang Xiaohui, Sun Xuejiao, Xu Linbin, and Liu Zhiwei, and the report of Yubei District is written by Tian Li and Zhao Rui.
Table of contents is the soul of a book.
General Report. Chapter I: Activating the judiciary to do a good job in financial trials.
Sub-reports. Chapter II: Report on the Trial of Bank Card Disputes.
1. Overview of bank card disputes.
II. Trial of disputes over fraudulent transactions of counterfeit cards.
3. Trial of disputes involved in online fraudulent use of bank cards.
4. Legal issues related to the standard terms and conditions of bank cards.
5. On the issue of the interruption of the statute of limitations.
VI. The intersection of civil and criminal law.
7. The concept of adjudication of bank card disputes.
Chapter III Report on the Trial of Electronic Bill Disputes.
1. Disputes over electronic bills involve the application of law.
2. Disputes over electronic bills involve documentary issues.
3. Disputes over electronic bills involve causal issues.
Chapter IV Financial Lease Contract Dispute Trial Report.
1. Overview of financial leasing disputes.
Second, the determination of the legal relationship of financial leasing.
3. Atypical guarantee issues in financial leasing disputes.
IV. Adjudication Concept of Financial Lease Disputes.
Chapter V Report on the Trial of Marine Insurance Contract Disputes.
1. Overview of marine insurance contract disputes.
II. Substantive Issues in the Trial of Marine Insurance Contract Cases.
Chapter VI: Penetrating Trial Thinking in Asset Management Disputes.
I. The current situation and problems in the application of penetrating trial thinking.
2. The norms and boundaries of penetrating trial thinking in the product dimension.
III. The norms and boundaries of penetrating trial thinking in the subject dimension.
IV. Norms and Boundaries of Penetrating Trial Thinking in the Dimension of Outbound Investment.
Regional reports. Chapter VII Report on Financing Guarantee Insurance Disputes of the Beijing Financial Court.
1. Basic information on guarantee insurance dispute cases of the Beijing Financial Court.
2. Main issues in the financing guarantee insurance business.
3. Key legal issues in the trial of financing guarantee insurance disputes.
4. Prospects and suggestions for properly handling disputes over financing guarantee insurance.
Chapter VIII Financial Judicial Report of the Nanjing Municipal Court.
1. Financial and judicial big data analysis.
2. Relevant countermeasures and suggestions.
III. Measures and Effectiveness of Financial Judicial Work.
Chapter IX: Financial Judicial Report of the Wuhan Intermediate People's Court.
1. Basic information on financial civil and commercial cases in 2020 and 2022.
II. Characteristics of Financial Civil and Commercial Cases.
III. Experiences and measures in the adjudication of financial civil and commercial cases.
IV. Prospects and Suggestions for the Trial of Financial Civil and Commercial Cases.
Chapter X: Financial Judicial Reports of Some Basic Level Courts in Chongqing.
1. The basic situation of financial civil and commercial cases of the Yuzhong District People's Court.
II. Yuzhong District People's Court's Financial Trial Work Mechanism and Collaborative Governance Innovation Experience.
3. The trial and execution of credit card dispute cases in the Yubei District People's Court.
IV. Yubei District People's Court's experience in innovating the trial mechanism for credit card dispute cases.
Epilogue. 