先行赔付制度
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三大利器持续落地 投资者维权“单线条”变“多通道”
Zhong Guo Jing Ying Bao· 2026-01-16 19:12
Core Viewpoint - The article discusses the emergence of three key mechanisms for investor rights protection in China's securities market, which are enhancing the accessibility and certainty of investor claims, thereby creating a new ecosystem for shareholder rights protection [1][5][7]. Group 1: Mechanisms for Investor Rights Protection - The three mechanisms include ordinary lawsuits, special representative lawsuits, and advance compensation, which are collectively forming a new ecosystem for investor rights protection [5][8]. - The special representative lawsuit has seen successful cases, such as the judgment against Jintongling, where 43,269 investors were awarded a total of 775 million yuan [2][3]. - Advance compensation has been implemented for the fifth time, with Wukuang Securities contributing 210 million yuan for compensation related to Guangdao Digital's false statements [3][4]. Group 2: Legal Framework and Changes - The cancellation of the prerequisite for administrative penalties or criminal judgments allows investors to file lawsuits without waiting for regulatory actions, significantly shortening the time for rights protection [2][6]. - The introduction of the Supreme Court's regulations in 2022 has facilitated the filing of civil compensation lawsuits for securities false statements, enhancing investor rights [2][9]. - The new ecosystem emphasizes civil liability as a core mechanism, moving away from reliance on administrative penalties, thus improving the predictability and stability of civil accountability [7][10]. Group 3: Implications for Market Integrity - The development of these mechanisms is expected to enhance the quality of information disclosure and compliance management among listed companies, as the market increasingly recognizes the costs associated with violations [7][11]. - The article highlights that the new ecosystem is likely to restore investor confidence in the capital market, contributing positively to its healthy development [8][9]. - Experts suggest that further improvements are needed to ensure the sustainability and effectiveness of these mechanisms, including clearer standards for civil liability and better integration of responsibilities among intermediaries [9][10][11].
证监会:鼓励控股股东、实控人依法自愿作出先行赔付承诺
Sou Hu Cai Jing· 2025-10-27 12:53
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has issued opinions aimed at enhancing the protection of small and medium investors in the capital market, emphasizing the establishment of a diversified dispute resolution mechanism for securities and futures [1] Group 1 - The opinions propose to better utilize the advance compensation system, encouraging controlling shareholders, actual controllers, and related securities companies to voluntarily commit to advance compensation for investors [1] - The initiative aims to promote timely and effective compensation to investors by relevant parties [1]