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投资者保护案例这10起有看点,两单集体诉讼正推进中
Di Yi Cai Jing· 2025-05-15 14:39
Core Viewpoint - The article highlights the severe penalties and recovery efforts against companies involved in financial fraud and market manipulation, emphasizing the importance of investor protection in the capital market [1][4][5]. Group 1: Financial Fraud Cases - Jintongling and Meishang Ecological have been involved in financial fraud for several years, leading to collective lawsuits from investors [2][3]. - Jintongling inflated its operating income by a total of 1.135 billion yuan and profits by 411 million yuan from 2017 to 2022, with inflated or deflated profits exceeding 5774.38% in 2022 [2]. - Meishang Ecological committed financial fraud for nine consecutive years, inflating net profits by a total of 457 million yuan from 2012 to 2020 [2]. Group 2: Regulatory Actions - The China Securities Regulatory Commission (CSRC) has taken strict actions against companies like Evergrande for fraudulent bond issuance and market manipulation, imposing fines and penalties [4][5]. - Evergrande inflated its revenue by 213.99 billion yuan in 2019 and 350.16 billion yuan in 2020, leading to significant penalties including a fine of 4.175 billion yuan [5][6]. - The CSRC has also penalized individuals involved in market manipulation, such as Wang Baoyuan, who used 145 accounts to manipulate eight stocks, resulting in a fine of 570 million yuan [4][6]. Group 3: Innovative Mediation Mechanisms - New mediation mechanisms have been introduced to resolve disputes, such as "demonstration mediation + arbitration confirmation" to address private fund group disputes [7][8]. - The case of Tai'an Tui involved a successful mediation that recovered 572 million yuan in misappropriated funds through judicial collaboration [7]. - The "total-to-total" online mediation platform has successfully resolved multiple cases, achieving a 100% success rate in investor compensation [8].
中证协修订证券纠纷调解规则:引入小额速调机制,降低投资者维权成本
Mei Ri Jing Ji Xin Wen· 2025-05-15 14:20
Core Viewpoint - The China Securities Association has revised the "Securities Dispute Mediation Rules" to enhance the mediation process, improve investor satisfaction, and reduce the cost of rights protection for investors [1][2]. Group 1: Key Highlights of the Revised Rules - The revised rules aim to standardize mediation work and enhance the credibility of the industry by establishing a self-discipline mechanism for serious breaches of trust [3]. - The mediation mechanism has been improved to enhance the effectiveness of the "three-in-one" diversified dispute resolution approach, ensuring orderly progress in mediation work [4]. - A simplified mediation process has been introduced for disputes involving amounts below 5,000 yuan, allowing for quicker resolutions [5][6]. Group 2: Mediation Procedures and Timelines - The simplified mediation process must be completed within 20 days, with a maximum extension of 30 days, while ordinary mediation should be completed within 30 days, with a similar extension policy [7]. - The rules also specify that complex disputes should be resolved within 180 days from the appointment of the mediator [7]. Group 3: Cooperation and Efficiency Enhancements - The rules enhance cooperation mechanisms with courts and arbitration institutions to ensure the effective enforcement of mediation agreements [8]. - A new small-amount rapid mediation mechanism has been introduced to expedite the resolution of minor disputes, saving judicial resources [9]. Group 4: Mediator Qualifications and Dismissal Conditions - Mediators must have at least five years of relevant experience and meet specific qualifications, ensuring a high standard of mediation services [10]. - The rules outline seven conditions under which mediators can be dismissed, ensuring accountability and integrity in the mediation process [11][12].
为投资者维权“减负” 中证协修订发布调解规则
Zheng Quan Ri Bao Wang· 2025-05-15 08:47
Core Viewpoint - The revision of the "Securities Dispute Mediation Rules" by the China Securities Association aims to enhance the resolution of disputes in the securities industry, ensuring market stability and protecting investor rights [1][2][3] Group 1: Overview of the Revised Rules - The revised rules were published on May 15 and are designed to improve the diversified resolution mechanism for securities disputes, facilitating non-litigation channels for dispute resolution [1] - The rules align with the "Joint Opinions" issued by financial regulatory authorities, marking a transition to a "Quality Improvement and Efficiency Enhancement 2.0" phase in dispute resolution [1][2] Group 2: Key Features of the Revised Rules - The rules cover the entire mediation process, optimizing and innovating multiple key aspects, including establishing a credit punishment mechanism to enhance the credibility of industry mediation [2] - A "three-in-one" dispute resolution mechanism is established, clarifying the rights and obligations of parties involved, and ensuring orderly mediation [2] - The introduction of a small claims rapid mediation mechanism aims to reduce the cost of investor rights protection, allowing industry institutions to voluntarily accept mediation suggestions within a specified monetary range [2] Group 3: Implementation and Compliance - The rules ensure the orderly conduct of mediation work, promoting standardization and legal development in mediation services [3] - The rules specify the circumstances under which mandatory mediation applies, excluding disputes already being resolved through other means or those with existing effective mediation agreements [3] - Measures for punishing violations of mandatory mediation regulations are clearly defined to protect investors' rights [3]
中国证券业协会修订发布《证券纠纷调解规则》
news flash· 2025-05-15 07:08
Core Viewpoint - The China Securities Association has revised and released the "Securities Dispute Mediation Rules," aiming to enhance the mediation process and improve the credibility of the securities industry [1] Group 1: Mediation Process - The revised rules align with the requirements of the "Joint Opinions," covering the entire mediation workflow [1] - Mediation will be conducted under the leadership of the Party, adhering to principles of fairness, impartiality, neutrality, and thorough investigation [1] - A mechanism for punishing dishonest behavior has been established to further enhance the credibility of mediation in the industry [1] Group 2: Mechanism Improvement - The rules improve the acceptance, mediation procedures, and supervision systems, clarifying the rights and obligations of the parties involved [1] - The mediation process has been refined to include simplified and standard procedures based on the complexity of disputes [1] - Various mediation methods have been enriched, and specific time limits for mediation have been established [1] Group 3: Collaboration and Cost Reduction - The association will deepen cooperation with people's courts and arbitration institutions to clarify the effectiveness of mediation agreements and enhance their enforceability [1] - A small claims rapid mediation mechanism has been introduced to reduce the cost of investor rights protection [1] - The integration of model judgments with mediation processes has been clarified to further lower the costs for investors seeking to protect their rights [1] Group 4: Industry Development - The release of the revised "Securities Dispute Mediation Rules" is a key step towards promoting high-quality development in securities dispute mediation [1] - The association will continue to optimize mediation services and strengthen collaboration among all parties [1] - The goal is to make mediation a powerful means for investors to resolve disputes, thereby safeguarding the stable and healthy development of the securities market [1]
按下葫芦浮起瓢,三兄弟土地拉锯战能撂平吗?
Ren Min Wang· 2025-05-15 01:09
"来,都先喝口茶,消消气。一家人没有过不去的坎儿,可别再伤了和气。"近日,在安徽省濉溪县 人民法院双堆集人民法庭的调解室里,安徽省淮北市中级人民法院法官李森一边给围坐在调解桌旁情绪 激动的众人递上热茶,一边轻声安抚。一场多方联合调解,就在这温馨的氛围中开场,而背后,是三兄 弟持续数年的土地纷争。 事情得从多年前说起。1994年,单某和父母同住,一家共分得9.9亩土地。大哥单大(化名)、二 哥单二(化名)各自成家后,分别分到了土地。年迈体弱的父母把1.8亩地交给单二耕种,其余地也让 单二帮忙打理。2008年母亲离世,土地重新分配,三兄弟各有了新的份额。2011年父亲去世后,土地分 配的遗留问题逐渐暴露,为矛盾爆发埋下了隐患。 2016年土地确权登记时,单某和单大不在家,只有单二参与。结果,单二耕种的1.8亩地确权在他 名下,其余土地归单某。当时看似风平浪静,几年后却成了纷争的导火索。 2022年,当地推行"小田并大田"政策,矛盾彻底爆发。单某认为父母的土地应全归自己,单二却坚 决要保留那1.8亩地。村里确定单某耕地亩数后,单大和单二均不认可,自行从争议的地块各划出一部 分耕种。 此后,三兄弟在争议土地上展开"抢 ...
中证投服中心持续打造 畅通高效纠纷调解渠道
Sou Hu Cai Jing· 2025-05-14 22:19
Core Viewpoint - The China Securities Regulatory Commission (CSRC) and other financial authorities have issued guidelines to enhance the quality of financial dispute mediation, emphasizing the importance of non-litigation mechanisms to resolve conflicts effectively [1][8]. Group 1: Mediation Mechanism Development - The China Securities Investor Service Center (CSISC) is actively implementing the guidelines, focusing on establishing a professional and efficient mediation system to protect the rights of small and medium investors [1][2]. - As of April 2025, CSISC has helped over 20,000 small investors recover losses exceeding 4.2 billion yuan, addressing challenges related to investor rights protection [2][3]. Group 2: Nationwide Mediation Network - CSISC has developed a nationwide mediation network, collaborating with 35 local regulatory bodies to create a unified mediation framework, allowing for efficient handling of disputes across various sectors [3][4]. - By April 2025, CSISC had accepted 28,590 cases, successfully mediating 21,694 of them, with investors recovering 4.228 billion yuan, representing over 50% of the total market disputes [3][4]. Group 3: Innovative Mechanisms - CSISC has established innovative mechanisms for dispute resolution, including partnerships with local courts to enhance the mediation process, resulting in significant recoveries for investors [4][5]. - The introduction of a direct complaint-to-mediation mechanism has led to nearly 30% of cases being sourced from the 12386 complaint line, highlighting the effectiveness of integrating complaint handling with mediation [5][6]. Group 4: Standardization and Efficiency - CSISC has implemented standardized mediation procedures to ensure consistency and efficiency in handling disputes, including a comprehensive management system for the entire mediation process [7][8]. - The organization is committed to enhancing its mediation capabilities to address the increasing complexity of disputes in the capital market, aligning with national policies aimed at improving investor protection [7][8].
交通事故起纠纷!长春经开法院倾情调解解民忧
Zhong Guo Xin Wen Wang· 2025-05-12 05:27
Group 1 - The case involves a traffic accident where the driver, Wu, was found fully responsible for the collision that injured the plaintiff [1] - The plaintiff suffered a level ten disability due to the accident, but there were complications regarding the causality of the injuries due to pre-existing health conditions [1] - The court facilitated a mediation process that ultimately led to a resolution, protecting the plaintiff's legal rights and providing a sense of judicial warmth [1] Group 2 - The plaintiff was in the early stages of pregnancy at the time of the accident, which complicated the medical treatment due to potential risks to the unborn child [2] - The family is in a difficult financial situation and urgently needs the compensation to alleviate their struggles [2] - The judge actively worked to mediate between the plaintiff and the insurance company, leading to an increase in the compensation amount and a resolution of the dispute [2]
新时代 新征程 新伟业·高效能治理深观察 着力提升安全稳定治理效能丨这样才能把群众安全感拉满
He Nan Ri Bao· 2025-05-11 23:42
在基层社会治理中,群众的安全感与满意度是衡量治理效能的重要指标。 高效能治理下的平安图景是何等模样?近日,记者走访城乡街巷,探访我省在打击犯罪、治安巡逻、矛 盾纠纷化解、交通治理等方面的务实之举,感受高效能治理带来的暖心变化。 小案快破,护佑民生安宁 群众看安全,关键看破案。侦破社会影响恶劣、群众反映强烈的案件,能够赢得社会广泛赞誉,但这种 案件并不常见,而长期多发高发的盗窃、诈骗等"小案",则关系着千家万户的切身利益,直接影响群众 安全感。 省公安厅指导全省各级公安机关在"小案快破"上下功夫,树牢"小案件大民生"理念,坚持"小案不小 看、小案用心办"。 4月28日9时许,卫辉市民郑先生报警称其电动自行车被盗,接警后,卫辉市公安局立即启动"小案快 破"机制,当天下午5时许,两名犯罪嫌疑人即被抓获,电动自行车也被追回,退还给失主。 案件朝发夕破,得益于该局聚焦民生小案推出的"12345"技战法,即打造一支素质过硬、装备精良的队 伍——卫辉市公安局机动巡防处突专业队;推广视频侦查发现、一体化合成作战两套战法;紧盯"有劣 迹、多流窜、有异常"的三类人员;聚焦瞄准"三车一瓶"(摩托车、电动自行车、私家车内财物,电 瓶 ...
优化杨浦营商环境,他们在商事协调领域下足功夫
Sou Hu Cai Jing· 2025-05-10 07:12
Core Viewpoint - Yangpu District is focusing on enhancing the business environment through effective commercial mediation mechanisms to resolve business disputes and promote industrial development [1] Group 1: Multi-dimensional Collaborative System - The "Harmony" plan for commercial mediation emphasizes a "mediation first" approach, benefiting 136 entities including major companies like Meituan and Wanda in economically active areas [4] - A "multi-dimensional" linkage mechanism is being established, involving various mediation committees to address disputes related to intellectual property, service contracts, consumer complaints, and labor disputes [4] - The establishment of a "1+12" mediation network aims to facilitate collaboration between district-level mediation committees and street-level mediation workstations [4] Group 2: Optimizing Supply and Demand Matching - A "demand-service" matching mechanism is being implemented to connect mediation associations with innovation parks, providing on-site services to prevent and resolve business disputes [5] - The introduction of a one-stop dispute resolution service in major business circles aims to enhance convenience for consumers and businesses [5][6] Group 3: Strengthening Regulation and Long-term Development - The district judicial bureau is enhancing the cultivation and guidance of commercial mediation organizations, improving operational standards and transparency [10] - A "mediation + notarization" mechanism is being explored to strengthen the enforceability of mediation agreements, in collaboration with local courts and notary offices [10] - Commercial mediation is recognized as an efficient, convenient, and cost-effective dispute resolution method, gaining widespread application in the Yangpu commercial sector [10]
中证中小投资者服务中心第9期课题研究申报公告
Quan Jing Wang· 2025-05-09 09:51
1.课题研究周期为半年,研究报告完整版字数一般在5万字左右。 2.课题须结合资本市场投资者保护工作和中证投服中心的实际业务需求开展研究,注重研究成果落地转 化的可行性、实操性。 3.研究成果须保证内容的原创性,通过学术不端文献检测系统总文字复制比不超过20%,且分析和结论 部分不允许复制,不得侵犯任何第三方的知识产权或其他权利,须符合国家有关保密规定和有关行业政 策。 中证中小投资者服务中心(以下简称中证投服中心)作为证监会直属的法定投资者保护机构,坚持以习 近平新时代中国特色社会主义思想为指导,牢牢把握投保工作政治性、人民性,不断探索投资者保护业 务的新实践。为加强投资者保护领域研究,凝聚社会各方智慧,共同推进有机立体的投资者保护体系的 健全完善,中证投服中心即日起启动第9期课题研究申报工作,现将具体事项通知如下。 一、课题选题和研究内容 (一)推动适用证券纠纷普通代表人诉讼相关问题研究 新证券法第95条第2款规定了证券纠纷普通代表人诉讼,《最高人民法院关于证券纠纷代表人诉讼若干 问题的规定》对普通代表人诉讼制度进行了详细规定。但实践中,证券纠纷普通代表人诉讼适用案例较 少,该项制度规则在提升中小投资者民事 ...