试论福建自贸区金融商事案件审判实务改革——以上海自贸区金融商事案件审判为借鉴

发布时间：2019-05-10 07:14

【摘要】：随着福建自贸区金融市场不断开放与创新,自贸区内金融商事案件呈现出创新性、专业性、国际性增强的新特点。我国处于自贸区建设初期,自贸区金融商事案件审判实务经验不足,配套法律法规不健全。金融商事审判作为自贸区法治建设重要环节与手段,面临新的挑战。当前,福建自贸区金融商事案件审判实务处于缺失状态,而上海自贸区成立更早、案件类型更丰富。因此,福建自贸区在金融商事案件审判实务改革时应当积极借鉴上海自贸区的同类案件审判,进行新的梳理与归纳,重新审视立案标准、厘定新型法律关系、树立符合自贸区发展要求的审判理念等尤为重要,不仅有助于规范福建自贸区金融市场,更有助于完善立法,推动自贸区法治化进程。
[Abstract]:With the continuous opening and innovation of the financial market in the free trade area of Fujian Province, the financial and commercial cases in the free trade area show the new characteristics of innovation, professionalism and international enhancement. Our country is in the early stage of free trade zone construction, the trial practice experience of financial and commercial cases in free trade area is insufficient, and the supporting laws and regulations are not perfect. As an important link and means of rule of law construction in free trade area, financial and commercial trial is facing new challenges. At present, the trial practice of financial and commercial cases in Fujian Free Trade area is in a state of lack, while the Shanghai Free Trade Zone was established earlier and the types of cases are more abundant. Therefore, during the reform of the trial practice of financial and commercial cases in Fujian Free Trade Zone, we should actively draw lessons from the similar cases in Shanghai Free Trade Zone, sort out and sum up new cases, re-examine the standards for filing cases, and determine the new legal relationship. It is particularly important to set up a trial idea which accords with the requirements of the development of free trade area, which not only helps to standardize the financial market of Fujian free trade area, but also helps to perfect the legislation and promote the process of the rule of law in the free trade area.
【作者单位】：福州大学;
【分类号】：D922.28

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