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“零容忍”铲除上市公司财务造假
Jing Ji Ri Bao· 2025-07-01 22:24
Core Viewpoint - Financial fraud is a significant issue undermining the foundation of capital markets, leading to strict regulatory actions against companies involved in such practices [1][2][3] Group 1: Regulatory Actions - The China Securities Regulatory Commission (CSRC) has issued administrative penalties against a company (now delisted) for violations related to information disclosure, marking a notable case where accomplices in fraud are also being held accountable [1] - The regulatory environment maintains a "zero tolerance" stance towards financial fraud and false information disclosure, aiming to protect investor rights and market integrity [1][2] Group 2: Accountability Measures - There is a need for dual approaches in preventing financial fraud: targeting the primary offenders and also holding accomplices accountable, including key stakeholders such as actual controllers, major shareholders, and board members [2] - Strengthening the accountability of accomplices in financial fraud is crucial, with a focus on enhancing administrative, civil, and criminal penalties for all parties involved in fraudulent activities [2] Group 3: Market Impact - A stringent crackdown on financial fraud is essential for creating a more regulated and orderly capital market, which is vital for supporting high-quality economic development [3]
压实第三方责任 穿透上市公司财务造假暗角
Zheng Quan Shi Bao· 2025-05-14 18:31
Core Viewpoint - The article highlights the systemic and covert threats posed by third-party involvement in financial fraud, emphasizing the need for improved legislation and regulatory mechanisms to establish clear accountability for these entities [1][2]. Group 1: Current Legal Framework and Challenges - The existing Securities Law lacks clarity in defining the responsibilities of external parties involved in aiding fraud, leading to a lack of legal precedents for holding suppliers and customers accountable [2][3]. - Current penalties primarily target listed companies and intermediaries, while the direct participants in fraud, such as upstream and downstream companies, remain largely unpunished, resulting in a diluted accountability for third parties [2][3]. - The absence of clear legal provisions for third-party involvement in systemic fraud creates challenges in establishing criminal liability, as existing laws do not explicitly include non-listed companies in the scope of punishment [3][4]. Group 2: Recommendations for Improvement - Experts suggest the need to enhance the third-party responsibility system by standardizing accountability criteria across relevant laws, ensuring a scientifically sound and reasonable responsibility framework [6][7]. - There is a call for the establishment of a collaborative governance system that integrates administrative, criminal, and civil measures, allowing for more effective enforcement against non-listed companies involved in fraud [9]. - The implementation of comprehensive and penetrating regulatory measures is recommended, utilizing digital tools for real-time monitoring of financial activities to enhance oversight capabilities [10].