金融法治
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强化涉外法治防线 保障金融市场高效运行
Zheng Quan Shi Bao· 2025-10-28 18:12
Group 1 - The core viewpoint emphasizes that the rule of law is fundamental for the financial market, ensuring its safe and efficient operation is essential for high-quality domestic economic development and enhancing international competitiveness in finance [1][2] - The Supreme People's Court highlights the importance of maintaining a bottom line to prevent systemic financial risks, which is a core function of financial law [1] - The National People's Congress is focused on improving the quality of financial legislation to support the construction of a modern financial system with Chinese characteristics [2] Group 2 - The National Foreign Exchange Administration has intensified efforts to combat illegal activities in the foreign exchange sector, with 6,100 cases of violations addressed since the start of the 14th Five-Year Plan [2] - Banks play a crucial role in providing cross-border financial services and are being encouraged to optimize their foreign exchange services while enhancing risk prevention capabilities [3] - The China Securities Regulatory Commission is committed to improving the legal framework for foreign-related capital markets to facilitate high-level openness and ensure a balanced approach between openness and security [4]
最高法:强化金融行政审判,保障金融监管措施“长牙带刺”
Nan Fang Du Shi Bao· 2025-10-28 09:51
Core Viewpoint - The Supreme People's Court is enhancing financial administrative trials and non-litigation enforcement to ensure effective implementation of financial regulatory measures, thereby supporting and supervising regulatory agencies in their legal duties [1][5]. Group 1: Financial Judicial Innovations - The Supreme Court is promoting a shift in concepts and innovative practices in financial civil and commercial trials, focusing on balancing stability and progress, risk prevention and development promotion, as well as domestic and foreign legal frameworks [3]. - Various methods such as judicial interpretations, policies, and typical case publications are being utilized to unify judgment standards and stabilize market expectations [3]. - Over 130 financial-related cases have been entered into the case database, covering various financial sectors including banking, securities, insurance, and trust [3]. Group 2: Risk Prevention and Financial Security - The core function of financial law is to prevent and resolve financial risks, particularly maintaining the bottom line of avoiding systemic financial risks [4]. - The courts are involved in major risk management, providing legal frameworks for risk resolution while clarifying market discipline [4]. - Emphasis is placed on early identification, warning, exposure, and resolution of financial risks, with a focus on substantive risk mitigation during trials and enforcement [4].
2025金融街论坛年会今日启幕,潘功胜、李云泽、吴清将出席
Feng Huang Wang· 2025-10-27 02:04
Core Insights - The 2025 Financial Street Forum Annual Meeting will be held in Beijing from October 27 to 30, focusing on "Global Financial Development under Innovation, Transformation, and Restructuring" [1] Agenda Summary October 28, 2025 - International financial governance and cooperation discussions will take place, emphasizing the changing global landscape [1] - A closed-door meeting of the National Financial Regulatory Administration's International Advisory Committee will occur [1] - Various forums will address topics such as financial law, investment cooperation between China and the UAE, and the integration of finance with technology and innovation [1] October 29, 2025 - Sessions will focus on high-quality development in financial and tax technology services, and the dual empowerment of finance and technology for industrial growth [2] - A closed-door meeting will discuss the transformation of financial ecosystems in the age of artificial intelligence [2] - The agenda includes discussions on green finance and the Belt and Road Initiative [2] October 30, 2025 - The forum will conclude with discussions on Hong Kong-Beijing financial cooperation and resilience in international economic and trade relations [3] - A closed-door meeting will be held by the China Securities Regulatory Commission to promote high-quality development in capital markets [3] - Various sessions will focus on energy transition, green development, and the legal frameworks supporting new financial services [3]
国际专家学者沪上论剑,献策法治护航金融高水平开放
Guo Ji Jin Rong Bao· 2025-10-23 15:48
Core Viewpoint - The International Financial Judicial Forum held in Shanghai emphasizes the importance of legal safeguards for high-level financial openness, aiming to enhance global financial market security and order through shared experiences and legal frameworks [1] Group 1: Legal Framework and Financial Innovation - Financial vitality relies on liquidity and innovation, while safety and order require legal regulation and judicial protection [3] - The integration of traditional legal frameworks with emerging financial practices is essential to address new challenges in cross-border finance [3] - A problem-oriented approach is necessary to foster interaction between theoretical research and judicial practice, contributing to the modernization and internationalization of financial adjudication [3] Group 2: Shanghai's Role in Financial Law - Shanghai is committed to theoretical innovation and practical exploration in financial law, aiming to support national strategies and enhance the legal framework for financial technology [4] - The Shanghai International Financial Center's role is increasingly significant, necessitating a robust legal framework to support financial openness and innovation [5] - The Shanghai Financial Court is focused on improving judicial efficiency and quality in resolving cross-border financial disputes, contributing to international financial market rule governance [6] Group 3: International Cooperation and Regulatory Challenges - Strengthening international judicial cooperation is crucial to address challenges posed by digital finance, cross-border transactions, and financial technology [5] - The need for clear definitions and standards in private enforcement is highlighted to enhance market transparency and investor protection [8] - Balancing robust regulation with open innovation is essential for the sustainable development of offshore financial markets [8]
金融司法国际论坛召开 为维护全球金融市场安全和秩序贡献法治方案
Zheng Quan Ri Bao Wang· 2025-10-23 13:58
Core Viewpoint - The forum emphasized the importance of legal frameworks in ensuring the safety and order of global financial markets while promoting high-level financial openness in China [1][2]. Group 1: Legal Framework and Financial Openness - The integration of legal regulation and judicial protection is essential for maintaining financial vitality through innovation and liquidity [1]. - Historical experiences from Western countries indicate that a robust financial legal system is crucial for securing a strong position in the global financial system [2]. - The need for enhanced international judicial cooperation is highlighted due to new challenges posed by digital finance, cross-border transactions, and financial technology [2]. Group 2: Shanghai's Role in Financial Law - Shanghai is accelerating its development as an international financial center, necessitating a solid legal foundation for high-level financial openness [2]. - The Shanghai courts have been actively supporting financial reform and innovation, with plans to further strengthen the legal system in alignment with international standards [2]. - The establishment of a mutually beneficial legal "community" is aimed at sharing judicial experiences and rules between domestic and international entities [2]. Group 3: Judicial Experience and Innovation - The Shanghai Financial Court has implemented innovative mechanisms to enhance the efficiency and predictability of financial dispute resolutions [3]. - A focus on typical case reviews and the creation of a digital court system aims to improve the quality of cross-border financial dispute resolutions [3]. - The Supreme People's Court plans to strengthen research on emerging financial disputes and promote the transformation of Chinese financial judicial experiences into international references [3].
陈志伟:用创新法则,重构金融法治的底层逻辑
Cai Fu Zai Xian· 2025-10-09 05:11
CBLJ高峰论坛・北京2025由国际法律媒体China Business Law Journal《商法》打造,在全球经贸格局深 度调整、监管环境日益复杂的背景下,以"全球律势破局・高管智汇领策"为主题,为企业决策者搭建战 略与实务兼具的高端对话平台。论坛汇聚商界、法律界精英,通过13场圆桌会议聚焦中外企业经营投资 挑战,助力企业强化风控合规能力、洞察行业商机。 在论坛热议的国外投融资风控、跨境争议解决、合规框架搭建等议题背后,合规与风控专家陈志伟二十 余年的执业实践,恰是中国金融法治从空白走向规范的缩影:他所代理的南德集团信用证欺诈案、中创 公司清算案、苏州商品交易所期货违规交易纠纷案等标志性案件,不仅破解了当时行业最棘手的痛点, 更催生了沿用至今的金融法治规则——数十起最高人民法院代理案件、4个入选《最高人民法院公报》 与最高人民法院《民商审判指导与参考》的案例证明,他不仅是复杂金融纠纷的解局者,更是中国金融 法治底层逻辑的重构者。 论坛结束后,记者专访陈志伟律师,探寻其创新实践如何持续影响当下金融行业,以及法律人如何为企 业决策提供前瞻性支持。 从双学科积淀到方法论创新:在实践中生长的规则逻辑 陈志伟的专 ...
粤港澳大湾区金融法务中心正式启用
Yang Shi Xin Wen Ke Hu Duan· 2025-08-28 10:36
Core Viewpoint - The Guangdong-Hong Kong-Macao Greater Bay Area Financial Legal Service Center has officially opened in Guangzhou, focusing on the integration of security and legal construction [1] Group 1: Center Overview - The center is the first comprehensive legal service platform in the Greater Bay Area, covering over 7,600 square meters [1] - It integrates three core functions: political and legal services, financial legal services, and smart policing [1] - The center aims to provide "one-stop" services such as legal health checks and foreign-related legal consultations, along with a new online legal service platform [1] Group 2: Focus Areas and Objectives - The center focuses on the financial and commercial sectors, establishing a mechanism for connecting litigation and non-litigation processes to manage dispute sources [1] - It gathers experts, scholars, and resources from three post-doctoral innovation practice bases and universities to conduct research on financial legal practices and the alignment of financial regulations across the three regions [1] - The center aims to enhance talent cultivation and result transformation, creating a base for training lawyers and foreign-related legal professionals, and facilitating cross-border legal cooperation [1] Group 3: Contribution to Development - The center is expected to improve the integration of business and law, as well as the construction of foreign-related legal systems, contributing to the high-quality development of the Greater Bay Area [1]
央行重磅会议!
证券时报· 2025-03-07 10:49
研究部署2025年金融法治工作。 3月5日,中国人民银行召开2025年金融法治工作会议。会议以习近平新时代中国特色社会主义思想和习近 平法治思想为指导,深入贯彻党的二十届三中全会和中央经济工作会议精神,按照中国人民银行工作会议 部署,总结工作,分析问题,研究部署2025年金融法治工作。中国人民银行党委委员、副行长陶玲出席会 议并讲话。 会议认为,2024年中国人民银行不断提升依法行政水平,加快推进金融领域重点立法修法,金融稳定法草 案经全国人大常委会第二次审议、反洗钱法完成修订。出台《中国人民银行行政处罚裁量基准适用规 定》,修订行政许可事项清单,依法合规开展执法检查和行政处罚。认真贯彻新行政复议法,依法开展行 政复议应诉,扎实做好法律顾问、法治研究和普法宣传,为中央银行高效履职提供坚强法治保障,有力支 持金融服务实体经济和防范化解金融风险。 证券时报各平台所有原创内容,未经书面授权,任何单位及个人不得转载。我社保留追 究相关 行 为主体 法律责任的权利。 转载与合作可联系证券时报小助理,微信ID:SecuritiesTimes END 会议要求,做好金融法治工作,全面深化法治央行建设,要坚持和加强党的领导, ...