股价对赌警报：专家警示操纵风险，监管漏洞待修补

Core Viewpoint - The recent emergence of stock price-linked investment agreements among major shareholders in China's capital market raises concerns about potential market manipulation and regulatory evasion, necessitating a clear denial of their validity and the establishment of robust regulatory frameworks [2][3][4]. Regulatory Concerns - Experts argue that stock price-linked agreements pose significant risks, including market manipulation and moral hazards, which undermine fair pricing mechanisms and violate shareholder equality principles [3][5]. - Current regulations, such as those established by the China Securities Regulatory Commission (CSRC) in 2019, only address pre-IPO agreements, leaving a regulatory gap for post-IPO agreements [2][6]. Legal Perspectives - Legal scholars emphasize the need to differentiate between contracts with enforceable terms and those resembling gambling agreements, advocating for the invalidation of the latter [3][4]. - The lack of unified judicial standards regarding the validity of these agreements has led to legal ambiguities, necessitating differentiated rules for such contracts [5][6]. Market Implications - The proliferation of stock price-linked agreements could lead to systemic financial risks if left unchecked, as they may encourage competitive imitation among market participants [3][6]. - Experts suggest that while these agreements can serve as financial derivatives with price discovery functions, they should be regulated under a legal framework to ensure market integrity [6]. Recommendations for Improvement - A coordinated approach involving legislative, judicial, and enforcement measures is essential to address the regulatory challenges posed by stock price-linked agreements [6]. - The establishment of mandatory disclosure requirements and the development of comprehensive rules that accommodate financial innovations are recommended to enhance market transparency and fairness [5][6].