期货日报网讯（记者 杨美）12月31日，证监会有关部门负责人就南京中院就金通灵证券虚假陈述特别 代表人诉讼案件依法作出一审先行判决答记者问。 上述证监会负责人表示，金通灵案是继康美药业案、泽达易盛案后又一单适用特别代表人诉讼程序作出 实体审判结果的证券虚假陈述责任纠纷案件。有关案件有效发挥了特别代表人诉讼以"明示退出、默示 加入"的方式，一揽子代表广大投资者低成本集约化维护权益、化解矛盾纠纷的制度功能，也使特别代 表人诉讼制度成为证券行政监管和司法审判协同治理、有力威慑证券市场潜在违法违规行为的重要法律 方式。 下一步，中国证监会将继续支持中证中小投资者服务中心依法履行好支持、代表投资者民事诉讼维权的 法定公益服务职能，支持司法机关依法适用代表人诉讼程序开展审判工作，通过监管与司法协同共治， 更好维护投资者特别是广大中小投资者合法权益，维护良好市场生态，促进市场高质量发展。 问：12月30日，五矿证券公告就广道数字虚假陈述设立先行赔付专项基金，中国证券投资者保护基金有 限责任公司公告受托担任基金管理人。对此如何评价？ 答：先行赔付是《证券法》规定的证券纠纷多元化解机制之一，有关发行人的控股股东、实际控制人、 ...

答：锦州港的虚假陈述等证券违法行为，严重扰乱证券市场秩序，损害广大投资 者合法权益， 中国 证监会已依法进行了行政处罚。相关人民法院依法受理投资者起 诉，投资者保护机构中证中小投资者服务中心接受50名以上投资者授权，依法向 相关 人民法院 申请将案件审判程序转换为特别代表人诉讼，12月19日，沈阳中院发布锦州 港特别代表人诉讼权利登记公告。投资者保护机构与相关人民法院以具体的案例切 实、有效地贯彻落实了新"国九条"有关"加大证券纠纷特别代表人诉讼制度适用力 度"的工作部署要求，将保护投资者权益的特别代表人诉讼法律制度规定落到了实处。 下一步，中国证监会将继续支持中证中小投资者服务中心依法履行好支持、代表 投资者民事诉讼维权的法定公益服务职能，支持司法机关依法适用代表人诉讼程序开 展审判工作，通过监管与司法协同共治，更好维护投资者特别是广大中小投资者合法 权益，维护良好市场生态，促进市场高质量发展。 问：12月30日，五矿证券公告就广道数字虚假陈述设立先行赔付专项基金，中国 证券投资者保护基金有限责任公司公告受托担任基金管理人。对此如何评价？ 答：先行赔付是《证券法》规定的证券纠纷多元化解机制之一，有关发行人的 ...

经中证中小投资者服务中心有限责任公司（简称中证投服中心）依法申请，2025年12月19日，辽宁省沈 阳市中级人民法院就锦州港股份有限公司（简称锦州港）证券虚假陈述责任纠纷案发布（2025）辽01民 初990号特别代表人诉讼权利登记公告，适用特别代表人诉讼程序审理本案。结合近期投资者咨询的问 题以及案件推进情况，现就有关问题解答如下。 01 在特别代表人诉讼权利登记公告权利人范围内的投资者，是否还需主动申请才能参加诉讼？ 答：特别代表人诉讼具有"默示加入，明示退出"的特点，符合权利人范围的投资者未在规定时间内向法 院书面声明退出的，都将列入特别代表人诉讼原告范围，无需主动申请参加。法院规定提交退出声明的 时间为特别代表人诉讼权利登记公告届满后15日内，即2026年2月2日前。 03 法院已受理的其他基于同一证券违法事实的诉讼案件，是否直接并入特别代表人诉讼？ 答：《若干规定》第二十三条规定："除代表人诉讼案件外，人民法院受理的其他基于同一证券违法事 实发生的非代表人诉讼案件，原则上代表人诉讼案件先行审理，非代表人诉讼案件中止审理。但非代表 人诉讼案件具有典型性且先行审理有利于及时解决纠纷的除外。" 根据《若干规 ...

作为资本市场基础性制度之一，退市制度是市场新陈代谢的重要一环。进退有据的市场才能优胜劣汰，更好 配置资源，更好发挥资本市场功能。去年4月，证监会发布《关于严格执行退市制度的意见》。新规实施以 来，在"应退尽退"原则下，我国资本市场的退市改革迎来显著深化，推动市场向更加成熟规范的方向迈进。 退出渠道多元化 当下，资本市场的退出方式主要是强制退市与主动退市。过去很长时间，A股退市情形以强制退市为主。财 务指标类、交易指标类、规范运作类、重大违法类四类强制退市标准在我国退市改革中逐步完善。 以往少见的主动退市案例在今年显著增加。据统计，截至12月17日，今年A股已有30家上市公司股票被交易 所作出终止上市决定。其中，海通证券、中航产融、玉龙股份、中国重工、*ST天茂5家公司选择主动退市， 均已摘牌。 主动退市的公司主要分为两类：一是基于产业整合与战略协同的吸收合并；二是因经营存在重大不确定性或 为寻求更灵活发展空间而主动退出。以中国重工为例，其退市是因为与中国船舶实施了换股吸收合并，导致 不再具有独立主体资格，从而主动申请终止A股上市。这一合并旨在整合双方资源、消除同业竞争，打造全 球领先的船舶制造企业。 "退市不 ...

Core Viewpoint - The China Securities Regulatory Commission (CSRC) has issued opinions on strengthening the protection of small and medium-sized investors in the capital market, focusing on eight areas including issuance and listing, market trading, operational institutions, inspection and enforcement, rights protection, investor protection institutions, delisting protection, and legal guarantees. Group 1: Strengthening Investor Protection - The responsibility of financial institutions as "gatekeepers" is emphasized, requiring them to enhance investor education and suitability management to ensure investors understand the risks associated with financial products and services [2] - Institutions are mandated to improve their handling of investor complaints and enhance service quality by integrating complaint management with internal control and compliance systems [2] Group 2: Legal Mechanisms for Investor Rights - The establishment of a regular mechanism for representative litigation in securities disputes is promoted, aiming to improve efficiency and reduce costs for small and medium-sized investors [3] - The CSRC encourages courts to enhance the application of representative litigation and optimize its operational mechanisms to facilitate quicker resolutions of disputes [3] Group 3: Protection During Delisting - The opinions outline measures to protect investors during the delisting process, including enhanced supervision of companies at risk of delisting and ensuring they disclose relevant risks [4] - Companies facing forced delisting due to major violations are urged to take proactive measures to compensate affected investors [4] - Companies voluntarily delisting must provide cash options and other protective measures for investors [4] Group 4: Dispute Resolution Mechanisms - A multi-faceted dispute resolution mechanism is to be established, promoting collaboration between regulatory bodies and courts to facilitate efficient resolution of securities disputes [5] - The introduction of a "demonstration judgment + batch mediation" mechanism is aimed at expediting the resolution of collective disputes [5] Group 5: Enhancing Support for Investors - The opinions call for increased support from investor protection institutions, allowing them to assist small and medium-sized investors in bankruptcy proceedings and civil compensation claims [7] - Investor protection institutions are encouraged to publicly announce their actions regarding shareholder rights and civil litigation to keep investors informed [7]

Core Viewpoint - The China Securities Regulatory Commission (CSRC) has issued guidelines to enhance the protection of small and medium-sized investors in the capital market, integrating investor protection into the entire reform process of the capital market [1] Group 1: Regulatory Measures - The guidelines address key concerns of small and medium-sized investors, proposing targeted measures in areas such as new stock issuance, margin trading, and algorithmic trading [2] - The guidelines optimize the new stock issuance pricing mechanism and strengthen the classification evaluation management of offline investors to prevent price manipulation [2] - Enhanced monitoring of algorithmic trading and stricter regulations on margin trading are also emphasized to improve transparency and fairness [2] Group 2: Investor Education and Institutional Responsibility - The guidelines stress the importance of investor education and require institutions to embed investor education into their business processes, ensuring that investors are well-informed about risks and contract terms before purchasing financial products [4] - Institutions are mandated to improve their complaint handling mechanisms and internal controls to better address investor grievances [4] Group 3: Protection During Delisting - The guidelines propose measures to protect investors during the delisting process, including continuous monitoring of companies at risk of delisting and ensuring they disclose relevant risks to safeguard investors' rights [6] - Companies facing mandatory delisting due to serious violations are encouraged to take proactive measures to compensate affected investors [6][7] Group 4: Legal Mechanisms for Investor Protection - The guidelines enhance the special representative litigation system, which has been effective in helping small and medium-sized investors obtain compensation [8] - The guidelines encourage the use of advance compensation commitments from controlling shareholders and related parties to ensure timely compensation for investors [8][9] - Investor protection agencies are tasked with supporting litigation efforts and facilitating the rights of small and medium-sized investors in various legal proceedings [9]

Core Viewpoint - The China Securities Regulatory Commission (CSRC) has released opinions on enhancing the protection of small and medium-sized investors in the capital market, focusing on eight areas including issuance and listing, market trading, operational institutions, inspection and enforcement, rights protection, investor protection institutions, delisting investor protection, and legal guarantees. Group 1: Strengthening Investor Protection - The responsibility of financial institutions as "gatekeepers" is emphasized, requiring them to provide thorough explanations of business rules and risks to investors before selling financial products [4] - A new mechanism for regular representative litigation for securities disputes is proposed to improve efficiency and reduce costs for small and medium-sized investors [5] - Enhanced protection for small and medium-sized investors during the delisting process is outlined, including continuous monitoring of companies at risk of delisting and measures for compensation in cases of major violations [6][7] Group 2: Dispute Resolution Mechanisms - A multi-faceted dispute resolution mechanism is to be established, promoting collaboration between regulatory bodies and courts to facilitate mediation and reduce costs for investors [8] - The role of securities and futures lawyers in providing legal services and support for small and medium-sized investors is highlighted [8] Group 3: Empowering Investor Protection Institutions - The opinions encourage investor protection institutions to assist small and medium-sized investors in bankruptcy proceedings and to publicly announce their actions to enhance transparency [9] - The measures aim to strengthen the overall investor protection framework in the capital market, thereby boosting market confidence [9]

Core Viewpoint - The China Securities Regulatory Commission (CSRC) has officially released a set of guidelines aimed at enhancing the protection of small and medium investors in the capital market, addressing long-standing issues and establishing a comprehensive investor protection framework [1][2]. Group 1: Key Measures - The guidelines include 23 specific measures across five major areas: issuance pricing, trading mechanisms, institutional responsibilities, rights protection channels, and delisting compensation [1]. - The reform aims to tackle deep-rooted contradictions in the market, particularly the persistent "three highs" (high price, high valuation, high issuance) in new stock offerings and the high costs associated with investor rights protection [1][3]. - The introduction of innovative mechanisms such as optimizing representative litigation procedures and improving "demonstration judgment + batch mediation" significantly enhances the efficiency of rights protection [2][8]. Group 2: Systematic Approach - The guidelines represent a shift from piecemeal reforms to a more systematic approach, focusing on enhancing the fairness and inclusiveness of the market [3][6]. - Specific measures include increasing the allocation ratio and lock-up period for offline investors to curb pricing bubbles and ensuring fair competition in trading by strengthening the regulation of algorithmic trading [4][5]. - The guidelines emphasize the importance of investor education embedded in business processes, holding institutions accountable for their responsibilities [1][6]. Group 3: Investor Rights Protection - The guidelines clarify the relationship between delisting and compensation, stating that delisting does not automatically trigger compensation unless there are violations such as fraudulent issuance or financial fraud [7]. - For forced delisting due to major violations, the guidelines encourage controlling shareholders to take proactive measures for compensating investors, providing efficient channels for loss recovery [7][8]. - The introduction of a diversified dispute resolution mechanism aims to enhance the efficiency and coverage of investor protection, particularly through the application of representative litigation [8][12]. Group 4: Practical Implementation - Successful case studies demonstrate the effectiveness of the new policies, with the CSRC's service platform recovering over 730 million yuan for investors and mediation organizations recovering over 10.2 billion yuan [12]. - The ongoing representative litigation cases, such as those involving Jintongling and Meishan Ecology, illustrate the power of collective claims, significantly reducing the cost and time for investors [11][12]. - The guidelines also support the establishment of temporary accounts for B-share delisting, providing specific measures for investor protection during the delisting process [7].

Core Viewpoint - The article discusses the significant adjustments in the investor protection system in China's capital market, as outlined in the recent document released by the China Securities Regulatory Commission (CSRC), which aims to create a comprehensive and multi-layered "safety net" for investors [2][3]. Group 1: Key Measures of the New Guidelines - The new guidelines include 23 specific measures across five major areas, focusing on pricing, trading mechanisms, institutional responsibilities, rights protection channels, and compensation for delisting [2][3]. - The guidelines aim to address long-standing issues in the market, such as the high pricing of new stocks and the challenges faced by small investors in protecting their rights [2][5]. - The document emphasizes a systematic approach to reform, moving away from piecemeal fixes to a more cohesive strategy for investor protection [2][3]. Group 2: Enhancements in Legal and Regulatory Framework - The guidelines propose innovative mechanisms such as optimizing representative litigation procedures and improving "demonstration judgment + batch mediation" to enhance the efficiency of rights protection [3][10]. - The CSRC has reported that by September 2025, it has recovered over 730 million yuan for investors through its service platform, and market mediation organizations have recovered over 10.2 billion yuan [3][15]. - The ongoing representative litigation cases, such as those involving Jintongling and Meishan Ecology, demonstrate the power of collective rights protection, potentially covering tens of thousands of investors in single cases [3][10]. Group 3: Focus on Fairness and Transparency - The guidelines aim to improve the fairness of the market by addressing issues related to the pricing of new stocks and ensuring that institutional investors do not have unfair advantages in trading [6][9]. - Specific measures include stricter regulations on habitual price manipulation by institutions and promoting "cancellation-style repurchase" and frequent dividends to enhance investor confidence [6][9]. - The guidelines also emphasize the importance of embedding investor education into business processes to hold institutions accountable for their responsibilities [2][8]. Group 4: Strengthening Investor Rights During Delisting - The guidelines clarify the relationship between delisting and compensation, stating that delisting does not automatically trigger compensation unless there is evidence of fraud or financial misconduct [9][10]. - For companies facing mandatory delisting due to serious violations, the guidelines encourage proactive compensation measures from controlling shareholders to protect investors [9][10]. - The guidelines also provide specific support for B-share delisting, including the establishment of temporary accounts for investors [9][10]. Group 5: Practical Examples and Impact - The article highlights successful cases that validate the effectiveness of the new investor protection measures, such as the recovery of 5.72 billion yuan in a case involving the misuse of funds by a major shareholder [14][15]. - The implementation of the "demonstration mediation + arbitration confirmation" mechanism has already led to successful resolutions in private fund disputes, benefiting numerous investors [11][15]. - Overall, the article presents a positive outlook on the ongoing reforms, suggesting that they will enhance market confidence and contribute to the long-term healthy development of China's capital market [3][5].

Core Viewpoint - The China Securities Regulatory Commission (CSRC) has introduced a comprehensive set of 23 measures aimed at enhancing the protection of small and medium investors in the capital market, addressing long-standing issues such as high pricing of new stocks and the challenges faced by investors in seeking redress [1][2]. Group 1: Key Measures - The new measures include a systematic approach to improve the allocation of offline investors, aiming to reduce pricing bubbles by increasing the lock-up period and allocation ratio for institutional investors [2][3]. - Enhanced regulation of algorithmic trading is emphasized to ensure fair competition among all market participants, preventing unfair advantages for certain investors [4][5]. - The introduction of innovative mechanisms such as optimizing representative litigation procedures and improving "demonstration judgment + batch mediation" significantly enhances the efficiency of investor rights protection [2][7]. Group 2: Investor Protection Enhancements - The measures address the entire lifecycle of investors, from market entry to exit, with specific focus on the issuance and trading phases to mitigate the risks of "high-position接盘" [3][6]. - The CSRC has clarified the relationship between delisting and compensation, ensuring that compensation is tied to fraudulent activities that cause investor losses [6][9]. - A multi-faceted dispute resolution mechanism is being developed, emphasizing the application of representative litigation to efficiently resolve large-scale investor disputes [7][8]. Group 3: Practical Outcomes - As of September 2025, the CSRC's service platform has recovered over 730 million yuan for investors, while market mediation organizations have resolved over 33,200 disputes, recovering more than 10.2 billion yuan [10]. - Successful cases, such as the "Tai'an Tui" shareholder derivative lawsuit, demonstrate the effectiveness of the new measures in recovering funds for investors without incurring litigation costs [9][10]. - The ongoing cases of Jintongling and Meishan Ecology illustrate the power of collective litigation, significantly reducing the cost and time for investors seeking redress [9].