上海金融法院：服务保障金融“五篇大文章”发展

Core Viewpoint - The Shanghai Financial Court has released several opinions and typical cases to enhance judicial support for the development of the financial sector, particularly focusing on the "Five Major Financial Articles" to facilitate high-level financial reform and the construction of Shanghai as an international financial center [1][2]. Group 1: Overall Requirements and Specific Measures - The opinions consist of three main parts: overall requirements, specific measures, and supporting guarantees, totaling 18 articles [2]. - Specific measures address five key areas: technology finance, green finance, inclusive finance, pension finance, and digital finance, outlining 35 new types of financial disputes and 21 actionable judicial support mechanisms [2][3]. Group 2: Technology Finance - The opinions emphasize the judicial handling of disputes related to technology innovation companies, enhancing mechanisms for pre-emptive preservation and execution in securities infringement cases [2][3]. - It aims to protect the accurate and complete disclosure of information by technology innovation companies and supports investors in claiming damages from controlling shareholders for false statements [2][3]. Group 3: Green Finance - The opinions call for the judicial review of disputes involving green securities and funds, targeting fraudulent environmental information and ensuring the authenticity of underlying assets [3][4]. - Measures are introduced to combat illegal practices such as "greenwashing" in the capital market [3][4]. Group 4: Inclusive Finance - The opinions propose enhancing the role of investor protection institutions and increasing the application of representative litigation mechanisms to safeguard investors' rights [3][4]. - It aims to regulate the fund market and combat misconduct by fund managers to meet diverse wealth management needs [3][4]. Group 5: Innovations and Highlights - The opinions introduce new judicial concepts and rules tailored to the five key areas of financial reform, aiming to provide a clear legal framework for financial transactions [4]. - The Shanghai Financial Court will innovate and optimize judicial support mechanisms to address new characteristics and demands in the financial sector [4][5]. Group 6: Typical Cases - Ten typical cases were released to illustrate the application of the judicial rules and to address potential risks in the development of the "Five Major Financial Articles" [5][6]. - These cases reflect the challenges in the technology finance sector, such as stringent buyback conditions and financing difficulties, while also promoting the standardization and accessibility of financial services [6].