As an urban area with the largest and largest proportion of foreign-related economy in the central city, Jing'an District actively introduces regional headquarters of multinational companies and continues to expand and strengthen the headquarters economy. Focusing on the construction of the "Five Centers" of service guarantee Shanghai and the characteristics of Jing'an District's economic development, the Jing'an District People's Procuratorate has strengthened the practical exploration of foreign-related procuratorial performance of duties, strengthened international law enforcement and judicial cooperation, and created a foreign-related procuratorial work pattern that is compatible with a modern international metropolis.
The first is to be a "doer" who handles every foreign-related case with high quality and efficiency. Form a "paradigm" for foreign-related procurators, refine the work procedures for litigation links, and draft foreign-related legal documents such as notices of rights and obligations, consular visits, and consular notices in Chinese and English, Chinese and Western. Strengthen communication with the foreign exchange management department, accurately crack down on crimes such as fraudulent purchase of foreign exchange, and promptly help enterprises improve self-discipline management through compliance rectification, procuratorial suggestions, etc., in response to the management loopholes in the entry-exit service enterprises involved in the case and the illegal purchase of foreign exchange related enterprises from them discovered in the handling of the "knock-on" illegal foreign exchange operation case, and guide the foreign exchange-related industry to operate legally and in accordance with regulations through the active performance of procuratorial duties. Entities involved in the foreign exchange industry are invited to hold a foreign exchange compliance management notification meeting and issue the "Friendly Reminder on Foreign Exchange Compliance Management in Foreign-related Business of Enterprises" to remind them of the risks of administrative and criminal liability, and guide them to enhance their awareness of handling foreign exchange business legally. Deepened the comprehensive protection of intellectual property rights in foreign-related fields, and prosecuted 260 people in 159 cases involving counterfeit registered trademarks and copyright infringement involving multinational brands such as "Lena Belle" and "Barbie Doll".
The second is to be a good "escort" for the stable development of foreign investment and foreign trade. Smooth the channels for foreign rights holders to protect their rights, take the initiative to obtain certification documents from embassies and consulates of overseas companies, create a Chinese and English version of the "Reminder of Standards for Evidence Provided by Intellectual Property Rights Holders", and invite overseas companies to participate in litigation substantively, which has been affirmed by world-renowned enterprises such as Universal Studios and Disney. After accepting a clue from a South Korean rights holder alleging copyright infringement of film and television works, the Jing'an District Procuratorate transferred the case to the public security organ and supervised the filing of the case, promoting the implementation of the whole process of compliance application of the enterprises involved in the case in the public security, procuratorate, and trial links, carrying out compliance inspections and supervising rectification of the enterprises involved in the case, and finally making a decision not to prosecute. The enterprise involved in the case not only obtained the understanding of the right holder, but also reached a long-term cooperation between the two parties to achieve the organic unity of the "three effects" of case handling.
The third is to be a good "participant" in the great coordination of foreign-related rule of law. China has issued two "Ten Points" action plans in the fields of finance and intellectual property to improve the level of international legal services in optimizing the business environment and protecting intellectual property rights, and provide legal support and guidance for the world's top 500 enterprises to protect their rights. Give full play to the advantages of the "Nanjing West Road-Suhewan International Legal Service Cluster", set up the "Zhangyuan Procuratorial and Protective Enterprise Workstation", with Ma Weiwei, a national model prosecutor, serving as the "deputy director of the rule of law", tailoring the "service package" of procuratorial and protective enterprises, and providing foreign-related legal services for well-known brands in the park.
Deepen the characteristic mechanism of "cohesion and wisdom", rely on platforms such as the legal service workstation of Shibei High-tech Park, establish a list of foreign-related high-tech enterprises, and strengthen "one-stop" services in the areas of rapid review and protection of intellectual property rights, transformation of scientific and technological achievements, compliance and risk prevention. Signed a special cooperation agreement on foreign-related rule of law with East China University of Political Science and Law, hired 7 "professional tutors", selected procuratorial personnel to form a backbone team of foreign-related rule of law, and worked together to promote the positive interaction between theoretical research and judicial practice of procuratorial foreign-related rule of law work. Targeted design of bilingual courses and brochures in Chinese and English, and in-depth digital industry clusters, international schools, etc., to carry out legal popularization publicity.
Source: Jing'an, Shanghai