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“惩首恶”“打帮凶” 坚决斩断造假利益链
Zheng Quan Shi Bao· 2025-06-29 17:51
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has taken a significant step by proposing administrative penalties against Nanjing Yuebo Power System Co., Ltd. for suspected information disclosure violations, marking the first time that accomplices in financial fraud will be held accountable alongside the main perpetrators [1][2] Group 1: Regulatory Actions - The CSRC plans to impose strict penalties not only on the listed company and responsible individuals but also on two accomplices involved in the fraud, indicating a new approach to accountability in financial misconduct [1] - The regulatory body aims to establish a comprehensive accountability system that includes direct penalties, referrals to relevant authorities, and criminal prosecutions to address financial fraud effectively [2] Group 2: Financial Fraud Characteristics - Recent trends in financial fraud reveal that such activities are not limited to listed companies; they often involve third-party accomplices, such as underwriting institutions and accounting firms, which may either neglect their oversight responsibilities or actively participate in fraudulent activities [2] - The fraud ecosystem is characterized by a network of intermediaries and related enterprises that collaborate to create false financial data, utilizing various deceptive practices across the entire business process, including procurement, production, sales, and logistics [1][2]
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].