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最高法、证监会联合发布!完善资本市场司法规则纲领性文件出炉
券商中国·2025-05-15 15:54

Core Viewpoint - The article discusses the release of the "Guiding Opinions on Strict and Fair Law Enforcement and Judicial Services to Ensure the High-Quality Development of the Capital Market" by the Supreme People's Court and the China Securities Regulatory Commission, which aims to enhance investor protection and improve the legal framework for capital markets [1][2]. Group 1: Investor Protection - The "Guiding Opinions" emphasize the need to strengthen investor protection awareness and legally safeguard investors' rights, including the right to information, participation in corporate governance, and fair market participation [3][4]. - The introduction of representative litigation for securities disputes aims to facilitate investors in protecting their legal rights and reduce the costs associated with investor rights protection [3]. - The document highlights the importance of high-quality information disclosure as a foundation for the registration system, with a commitment to strictly combat fraudulent issuance and financial disclosure violations [3]. Group 2: Market Participant Behavior - The "Guiding Opinions" call for the regulation of behavior among market participants, promoting stable operations of securities, futures, and fund management institutions [5]. - It outlines the need for judicial bodies to report any irregularities, such as circular financing or false capital contributions, to regulatory authorities during the handling of shareholder rights disputes [5]. - The document also emphasizes the need for proper adjudication of disputes between private fund managers and investors, ensuring the protection of investors' legitimate rights [5]. Group 3: Judicial and Administrative Coordination - The "Guiding Opinions" propose enhancing the mechanism for judicial and administrative coordination, promoting a multi-faceted dispute resolution mechanism [8]. - It encourages the use of non-litigation methods, such as mediation, to resolve securities disputes and improve the efficiency of judicial and regulatory processes [8]. - The establishment of a comprehensive information-sharing mechanism between judicial and regulatory bodies is highlighted to enhance cooperation and improve the quality of judicial execution and administrative penalties [8].