行政执法当事人承诺制度
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中国规范证券期货市场监管措施 政策护航筑牢2万亿规模发展根基
Chang Jiang Shang Bao· 2026-01-05 00:04
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has introduced new regulations to enhance the supervision of the securities and futures market, aiming to maintain market order and mitigate risks, with the implementation of these regulations set for June 30, 2026 [1][2]. Group 1: Regulatory Developments - The CSRC has released the "Implementation Measures for the Supervision and Administration of Securities and Futures Markets," which includes 25 articles detailing the types of regulatory measures, principles, and procedures for implementation [2][4]. - The new regulations include 14 common regulatory measures such as orders for correction, regulatory talks, and issuance of warning letters, with stricter procedures for more severe measures [3][4]. Group 2: Market Growth - In 2025, the total funds in the futures market and client equity surpassed 2 trillion yuan, driven by an improved variety of futures products, increased corporate hedging needs, and the entry of medium to long-term funds [2][3]. - As of November 2025, there were 164 listed futures and options products, with 18 new products added during the year, and the cumulative trading volume reached 8.117 billion contracts, with a transaction value of 67.545 trillion yuan, reflecting year-on-year growth of 14.74% and 20.19% respectively [1][2]. Group 3: Commitment System Revisions - The CSRC has amended the "Implementation Regulations for the Commitment System of Administrative Law Enforcement Parties," which clarifies the conditions for accepting commitments and standardizes the processing procedures [5][6]. - The revised regulations specify five scenarios under which applications for the commitment system will not be accepted, enhancing the integrity and seriousness of the commitment system [6].
【金融政策】中国证监会发布关于修改《证券期货行政执法当事人承诺制度实施规定》的决定
Xin Lang Cai Jing· 2026-01-04 11:30
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has revised the implementation regulations for the administrative enforcement commitment system, which will take effect on February 1, 2026, to enhance the clarity of acceptance conditions and standardize processing procedures [1][3]. Group 1: Acceptance Conditions - The revised regulations specify conditions under which the CSRC will not accept applications for the administrative enforcement commitment system, including refusal to cooperate with investigations, inability to pay commitment fees, being listed as a serious credit defaulting entity, and having previously used the commitment system within the last year [2][4]. Group 2: Processing Procedures - The regulations improve processing procedures by clarifying the standard for "necessary investigation," refining application material requirements, and establishing norms for supplementary applications and internal consultation processes [2][4]. Group 3: Integrity Constraints - The regulations strengthen integrity constraints on parties involved, stating that malicious delays in investigations, leaking negotiation content, or probing into case handling information will be treated as violations of integrity principles, with corresponding penalties [2][4]. Group 4: Future Implementation - The CSRC aims to effectively implement the revised commitment system to protect investors' rights, maintain market order, and enhance the efficiency of administrative enforcement [3][5].
“当事人承诺制度”出新招 投资者保护再升级
Xin Lang Cai Jing· 2026-01-01 01:17
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has announced modifications to the "Administrative Enforcement Commitment System" to enhance the clarity of acceptance conditions and standardize processing procedures, effective from February 1, 2026 [1][2]. Group 1: Implementation and Legal Framework - The "Administrative Enforcement Commitment System" allows entities or individuals under investigation for securities and futures violations to commit to rectifying their actions and compensating investors, leading to the termination of investigations upon fulfillment of these commitments [1][2]. - The system has been positively evaluated for its comprehensive role in remedying, punishing, educating, and resolving market disputes, aligning with the political and social objectives of capital market regulation [2]. Group 2: Key Modifications - The modifications include clearer acceptance conditions, such as disallowing applications from parties that obstruct investigations, lack the ability to pay commitment fees, are on the serious dishonesty list, or have previously used the system within the last year [3]. - The processing procedures have been refined, including standards for necessary investigations, application material requirements, and internal consultation processes [3]. - There is an emphasis on strengthening the integrity constraints on parties, with specific actions deemed as violations of good faith subject to penalties [3]. Group 3: Future Implications - The modifications aim to better protect investors' rights, maintain market order, and enhance the effectiveness of administrative enforcement, contributing to the high-quality development of the capital market [4].
证监会发布!事关行政执法当事人承诺制度
券商中国· 2025-12-31 14:38
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has issued a decision to amend the implementation regulations of the administrative enforcement commitment system, which will take effect on February 1, 2026, aiming to clarify acceptance conditions and standardize procedures for handling cases of suspected securities and futures violations [1][2]. Group 1: Key Aspects of the Decision - The decision enhances the acceptance conditions for the administrative enforcement commitment system, specifying scenarios where applications will not be accepted, such as when the party obstructs investigations or lacks the ability to pay the commitment fee [2]. - It improves the handling procedures by clarifying the standards for necessary investigations, application material requirements, and internal consultation processes [2]. - The decision strengthens the integrity constraints on parties involved, stating that malicious delays or leaks of information during the commitment process will be treated as violations of integrity principles [2]. Group 2: Impact and Future Directions - Since its implementation in 2021, the administrative enforcement commitment system has effectively played a comprehensive role in remedying, punishing, educating, and resolving market disputes, receiving positive evaluations overall [3]. - The recent amendments are expected to further enhance the system's effectiveness in protecting investors' rights, maintaining market order, and improving administrative enforcement efficiency [3].
证监会修订行政执法当事人承诺制度,进一步明确受理条件!
Zheng Quan Ri Bao Wang· 2025-12-31 14:08
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has announced modifications to the "Implementation Regulations of the Administrative Law Enforcement Commitment System for Securities and Futures" which will take effect on February 1, 2026, aimed at enhancing the enforcement of securities and futures laws and protecting investor rights [1][2]. Group 1: Implementation of the Commitment System - The Administrative Law Enforcement Commitment System allows the CSRC to terminate investigations if the involved parties commit to rectifying violations and compensating affected investors, thus serving as a new enforcement mechanism [1][2]. - The system has been positively evaluated for its comprehensive role in remedying, punishing, educating, and resolving market disputes, reflecting the political and public nature of capital market regulation [2]. Group 2: Modifications to Acceptance Conditions - The modifications specify conditions under which the CSRC will not accept applications for the commitment system, including refusal to cooperate with investigations, inability to pay commitment fees, being listed as a serious credit defaulter, and prior use of the system within the last year [3]. - The decision also clarifies the execution standards for necessary investigations and improves the requirements for application materials and internal consultation procedures [3]. Group 3: Strengthening Integrity Constraints - The decision enhances the integrity requirements for parties involved, stating that malicious delays or leaks of information during the commitment process will be treated as violations of good faith principles [3]. Group 4: Future Implementation - The CSRC will focus on effectively implementing the decision to protect investor rights and promote high-quality development in the capital market [5].
中国证监会:进一步发挥行政执法当事人承诺制度积极作用
Xin Hua Cai Jing· 2025-12-31 13:06
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has announced modifications to the implementation regulations of the administrative enforcement commitment system, effective from February 1, 2026, to enhance the clarity of acceptance conditions and standardize processing procedures [1][2]. Group 1: Key Content of the Decision - The decision improves acceptance conditions for applications under the administrative enforcement commitment system, specifying scenarios where applications will not be accepted, such as refusal to cooperate with investigations or being listed as a serious dishonesty subject [2]. - The decision refines processing procedures, including standards for necessary investigations, requirements for application materials, and internal consultation processes [2]. - The decision strengthens the integrity constraints on parties involved, outlining behaviors that violate the principle of good faith, such as maliciously delaying investigations or leaking negotiation content, which can lead to penalties [2]. Group 2: Future Implementation - The CSRC will focus on effectively implementing the administrative enforcement commitment system to protect investors' rights, maintain market order, and enhance the efficiency of administrative enforcement [3].
证监会发布,事关行政执法当事人承诺制度
Zheng Quan Shi Bao· 2025-12-31 12:55
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has announced amendments to the implementation regulations of the administrative enforcement commitment system, which will take effect on February 1, 2026, aiming to enhance the conditions for acceptance, standardize procedures, and improve the effectiveness of investor protection [1][2]. Group 1: Key Aspects of the Decision - The decision includes three main areas: improving acceptance conditions, refining processing procedures, and strengthening integrity constraints on parties involved [2]. - Specific conditions under which the CSRC will not accept applications for the administrative enforcement commitment include refusal to cooperate with investigations, inability to pay commitment fees, being listed as a serious credit offender, and having previously utilized the commitment system within the last year [2]. - The decision clarifies the execution standards for necessary investigations, application material requirements, correction procedures, and internal consultation processes [2]. Group 2: Impact and Future Directions - Since its implementation in 2021, the administrative enforcement commitment system has effectively played a comprehensive role in remedying, punishing, educating, and resolving market disputes, receiving positive evaluations overall [3]. - The amendments are expected to further enhance the system's role in protecting investors' rights, maintaining market order, and improving administrative enforcement efficiency [3]. - The CSRC plans to ensure the effective implementation of the decision to protect investors' legitimate rights and promote high-quality development of the capital market [3].
证监会发布,事关行政执法当事人承诺制度
证券时报· 2025-12-31 12:37
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has issued a decision to amend the implementation regulations of the administrative enforcement commitment system, which will take effect on February 1, 2026, aiming to enhance the enforcement of securities and futures laws and protect investors' rights [1][2]. Group 1: Key Aspects of the Decision - The decision improves the acceptance criteria for applications under the administrative enforcement commitment system, specifying conditions under which applications will not be accepted, such as refusal to cooperate with investigations or being listed as a serious credit offender [2]. - The decision clarifies the procedural standards for handling applications, including requirements for application materials and internal consultation processes [2]. - The decision strengthens the integrity constraints on parties involved, stating that any malicious delay or breach of confidentiality during the commitment process will be subject to penalties [2]. Group 2: Impact and Future Directions - Since its implementation in 2021, the administrative enforcement commitment system has effectively served multiple roles, including relief, punishment, education, and conflict resolution in the market, receiving positive evaluations overall [3]. - The CSRC emphasizes that the amendments will further enhance the system's effectiveness in protecting investors' rights and maintaining market order, contributing to the high-quality development of the capital market [3].
新规!“当事人承诺制度”出新招,投资者保护再升级
Zhong Guo Zheng Quan Bao· 2025-12-31 12:07
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has announced modifications to the implementation regulations of the administrative enforcement commitment system, effective from February 1, 2026, to enhance the clarity of acceptance conditions and standardize processing procedures [1][4]. Group 1: Implementation of the Commitment System - The administrative enforcement commitment system allows entities or individuals under investigation for suspected securities and futures violations to commit to rectifying their actions and compensating investors, leading to the termination of investigations upon fulfillment of these commitments [1][2]. - The system has been positively evaluated for its comprehensive role in relief, punishment, education, and resolving market disputes, demonstrating good legal and social effects [2]. Group 2: Modifications to Acceptance Conditions - The modifications specify that applications for the commitment system will not be accepted if the applicant refuses to cooperate with investigations, lacks the ability to pay the commitment fee, is listed as a serious credit defaulter, or has previously used the commitment system within the last year [3]. - The decision also outlines additional circumstances under which the CSRC may deem the commitment system inapplicable based on prudent regulatory principles [3]. Group 3: Processing Procedures and Integrity Constraints - The decision clarifies the execution standards for necessary investigations, improves application material requirements, and standardizes the procedures for correcting applications and internal consultations [3]. - To enhance the seriousness of the commitment system, the decision states that any malicious delays or breaches of integrity by the parties involved will be subject to penalties as outlined in the relevant regulations [3]. Group 4: Future Implications - The modifications aim to better protect investors' rights, maintain market order, and improve the efficiency of administrative enforcement, contributing to the high-quality development of the capital market [4].
财务造假大案,判了!昔日明星科技股实控人等10名高管被判刑,最高7年半!近1.7万名投资者已获赔超10亿元
Mei Ri Jing Ji Xin Wen· 2025-12-13 07:34
Core Points - Guangdong Zijing Information Storage Technology Co., Ltd. has been forced to delist due to major violations, including fraud in issuing securities and failure to disclose important information [1][6][14] - The company has been fined 37 million RMB, and its actual controllers and key management personnel have received prison sentences, with the longest being seven years and six months [1][7][8] Summary by Sections Fraudulent Issuance of Securities - The company was found guilty of fraudulently issuing securities, with a total of 413.4 million RMB raised through three rounds of capital increases from September 2016 to July 2018 [3] - The fraudulent activities included signing false sales contracts and fabricating logistics documents to inflate revenue and profits, with inflated profits accounting for 34.83% in 2017 and 32.25% in 2018 [3][14] Violations of Information Disclosure - After going public, the company continued to inflate revenue and profits, with the 2019 annual report showing inflated revenue and profit by 52.46% and 94.55%, respectively [4] - The company failed to disclose significant external guarantees, with undisclosed amounts reaching 145 million RMB in 2019, 185 million RMB in 2020, and 417.9 million RMB in 2021, which were substantial relative to the company's net assets [5] Legal Consequences - The court sentenced the company to a fine of 37 million RMB and imposed prison sentences on key executives, including the legal representative and actual controller, Zheng Mu, who received a total sentence of seven years and six months [7][8] - Other executives received varying sentences, with some receiving prison terms of up to four years and six months for their roles in the fraudulent activities [8][9][10][11][12] Investor Impact - Approximately 17,471 investors suffered losses totaling 1.097 billion RMB due to the company's fraudulent activities, leading to a compensation fund being established [6][19] - By June 30, 2023, around 97.22% of eligible investors had reached settlements, with compensation payments amounting to 1.086 billion RMB [19] Company Background - Founded in April 2010, the company specialized in optical storage technology and was listed on the Sci-Tech Innovation Board in February 2020, initially valued at 14.895 billion RMB [13][14] - The company faced declining performance post-IPO, with significant losses reported in 2021 and a non-standard audit report issued for that year [14]