From Fund Industry Court to Financial Court Beijing Continues to Promote the Reform of Financial Trial System and Mechanism
January 11, 2021

 On December 30, 2020, the 17th meeting of the central committee for comprehensively deepening reform deliberated and adopted the Plan for the Establishment of Beijing Financial Court. As the financial management center of China, it is of great significance for Beijing to set up a financial court at a high level with high standards, demonstrating China's determination to rule the country by law and maintain financial stability.

Finance is the core of modern economy, and the development of finance must receive the guarantee provided by the rule of law. In recent years, with the rapid development of new financial formats, illegal financial activities have occurred under the guise of financial innovation. As a result, the number of related complaints and disputes and the demand for justice are increasing. It is imperative to strengthen the professional trial. As such, Beijing has constantly strengthened the prevention of financial risks and improved the financial trial system in the process of cultivating and developing a modern financial industry that matches with the status of a big power's capital.

In May 2017, China's first Fund Industry Court was set up in Beijing Fund Town, which was a milestone for the capital to promote the reform of financial trial system and mechanism. Currently, the fund industry has developed into one of the pillar industries of modern financial system, enjoying the same status as the banking industry, the securities industry and the insurance industry. The scale of fund industry in Beijing has always been in the forefront of China. Beijing Fund Town is the only national-level distinct town with fund as its leading industry and the largest and most influential fund industry cluster zone in China. Setting up the Fund Industry Court in Beijing Fund Town is of far-reaching significance.

As the first professional court established in China specifically for the fund industry, the Fund Industry Court aims to improve the fair and just professional judicial system, promote the professional level of fund cases handling and the construction of judicial mechanism in the field of China's investment and asset management, and escort the scientific, sound and sustainable development of China's fund industry. There is no doubt that the establishment of the Fund Industry Court has built another important defense line for the financial security of Beijing.

Around the establishment of the Fund Industry Court, Beijing Fund Town has built China's first investor education base themed by fund industry investor and manager education, compiled and released the first private fund evaluation system in China, set up the first people's mediation committee for fund industry disputes in China and China's first procuratorial service e-station for the fund industry, and created Jindiao Cloud, a data service platform, to carry out comprehensive, dynamic, accurate and penetrating monitoring, thereby constructing a multi-level and comprehensive risk prevention and control and disposal system for the fund industry for its building of "integrity and safety".

Since the establishment of the Fund Industry Court, it has set a foothold in its reality, insisted on the non-litigation dispute resolution mechanism as a primary means, and vigorously promoted the governance of litigation resources. Through activities of sending laws into the town and popularizing laws in classroom, Beijing Fund Town has been guided to carry out various forms of legal education and compliance training, publicized and popularized the laws and regulations related to fund, analyzed the typical risk cases of the financial industry, enhancing the legal awareness, compliance awareness and risk prevention awareness of the fund institutions. Meanwhile, the Fund Industry Court has aligned with the mediation committee on litigation and mediation, effectively coordinated with the procuratorial service e-station and the investor education base, and strived to resolve contradictions in advance and dissolved risks potentially. In a good legal environment, no financial risk event has ever occurred in Beijing Fund Town, which realizes the integrity and safety gathering, constructs a good industrial ecology, and maintains the development trend of high efficiency and high quality.

In March 2019, Judge Li Li, the first presiding judge of the Fund Industry Court and deputy to the National People's Congress, combined with her own working practice in financial trials to put forward "Beijing has the urgent need to establish a financial court, and also has a solid foundation for the establishment of a financial court. I suggest setting up Beijing Financial Court". This proposal has aroused resonance from all walks of life for being consistent with the direction of China's financial rule of law. Shortly after that, "promoting the establishment of a financial court in Beijing" was written into Beijing's Opinions on Deepening Financial Supply-Side Reform and Continuously Optimizing Financial Credit Business Environment.

From fund industry court to financial court, the reform of Beijing's financial trial system and mechanism has been continuously advanced. The establishment and operation of Beijing Financial Court will serve the implementation of China's financial strategy, further consolidate the legal cornerstone for China to comprehensively promote reform and opening up, create a good financial legal environment, and promote the sound development of economy.

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