司法与行政协同

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刚刚!最高法、证监会联合发布!
梧桐树下V· 2025-05-15 11:40
Core Viewpoint - The article discusses the "Guiding Opinions on Strictly and Fairly Enforcing Justice to Serve and Guarantee the High-Quality Development of the Capital Market," which aims to enhance investor protection, regulate market participants, and improve the judicial and administrative collaboration in the capital market [1][2][5]. Group 1: Investor Protection - The guiding opinions emphasize the need to protect the legitimate rights and interests of all investors, particularly long-term and patient capital, to ensure their participation in corporate governance and return on investment [1][6][10]. - It advocates for the establishment of a judicial environment that supports early, small, long-term, and hard technology investments, promoting a virtuous cycle of capital preservation and appreciation [1][6]. - The document outlines measures to combat fraudulent issuance and continuous information disclosure fraud, increasing the legal costs for violators and ensuring accountability for controlling shareholders and related parties [2][12]. Group 2: Market Participant Regulation - The opinions call for the regulation of behaviors of securities, futures, and fund management institutions to ensure stable operations and prevent regulatory arbitrage [6][17]. - It highlights the importance of a multi-tiered capital market and the need for judicial rules that support industry self-regulation, aiming to purify the market ecology and mitigate risks [6][18]. - The document stresses the necessity of judicial support for mergers and acquisitions, declaring invalid any anti-takeover clauses in company charters that violate laws and regulations [10][11]. Group 3: Judicial and Administrative Collaboration - The guiding opinions propose enhancing the collaboration between judicial and administrative bodies to improve the efficiency of dispute resolution mechanisms and ensure timely and effective enforcement of laws [9][22]. - It emphasizes the establishment of a multi-faceted dispute resolution mechanism, encouraging non-litigation methods to resolve securities disputes [22][23]. - The document outlines the need for improved information sharing and communication between courts and regulatory bodies to enhance risk prevention and early warning capabilities [24][25]. Group 4: Enhancing Judicial Capacity - The opinions call for strengthening the financial trial and regulatory enforcement teams to ensure a politically correct direction in capital market enforcement [27]. - It advocates for the optimization of financial case jurisdiction and trial mechanisms to enhance the professionalism of financial trials [27]. - The document highlights the importance of continuous training and communication between judicial and regulatory personnel to improve their understanding of financial innovations and market operations [27].
强化司法与行政协同,资本市场改革纲领性保障文件出炉
Di Yi Cai Jing· 2025-05-15 09:40
Core Viewpoint - The joint release of the "Guiding Opinions" by the Supreme People's Court and the China Securities Regulatory Commission aims to enhance judicial policies and rules, innovate working mechanisms, and strengthen investor protection in the capital market [1][2]. Group 1: Judicial and Regulatory Framework - The "Guiding Opinions" serve as a comprehensive document to improve judicial policies and adjudication rules, enhancing the quality and efficiency of judicial and regulatory oversight in the capital market [1]. - It summarizes the actual work of court enforcement and capital market regulatory enforcement, proposing 23 specific opinions across five areas: overall requirements, investor protection, market participant norms, judicial-administrative collaboration, and organizational implementation [1][2]. Group 2: Investor Protection Measures - Key measures include legally combating fraudulent issuance and financial information disclosure fraud, and improving the civil compensation system for false statements [2]. - The initiative promotes regular representative litigation for securities disputes, facilitating investors in protecting their legal rights and reducing the costs of investor rights protection [2]. Group 3: Collaborative Mechanisms - The "Guiding Opinions" emphasize the need for enhanced collaboration and information sharing between judicial and administrative processes, aiming to improve the effectiveness of judicial execution and administrative regulatory penalties [2]. - Future efforts will focus on implementing the "Guiding Opinions," solidifying the institutional foundation for judicial protection in the capital market, and optimizing the collaborative mechanisms between judicial and regulatory bodies [2].
最高人民法院 中国证券监督管理委员会印发《关于严格公正执法司法 服务保障资本市场高质量发展的指导意见》的通知
证监会发布· 2025-05-15 08:24
Core Viewpoint - The article emphasizes the importance of judicial and administrative collaboration to support the high-quality development of the capital market, highlighting the need for improved investor protection and regulatory frameworks [3][4]. Group 1: Overall Requirements - The guiding ideology is based on Xi Jinping's thoughts, focusing on the implementation of the 20th National Congress decisions regarding financial and capital market construction [4]. - The goal is to enhance the collaborative role of judicial adjudication and securities regulation, improving the judicial protection mechanism and regulatory capabilities [4][5]. Group 2: Investor Protection - There is a strong focus on protecting investor rights, particularly for small and medium investors, ensuring their rights to information, participation in governance, and fair market participation [5][8]. - The article calls for the establishment of a robust judicial environment for long-term investments, promoting a healthy market ecosystem [8][9]. Group 3: Judicial Rule Improvement - The need for continuous improvement of judicial rules to adapt to changing market conditions is highlighted, including the development of judicial interpretations for insider trading and market manipulation [6][10]. - The article stresses the importance of high-quality adjudication in enhancing the capital market's development [6][10]. Group 4: Regulatory Collaboration - The establishment of a multi-faceted dispute resolution mechanism is proposed to facilitate non-litigation methods for resolving securities disputes [21][22]. - Strengthening information sharing and collaboration between judicial and regulatory bodies is emphasized to enhance risk prevention and response capabilities [23][24]. Group 5: Market Participant Regulation - The article outlines the need for strict regulation of securities, futures, and fund management institutions to ensure their stable operation and protect investor interests [15][16]. - It emphasizes the importance of adhering to appropriate management responsibilities and ensuring compliance with legal standards in financial transactions [15][16]. Group 6: Enhancing Judicial and Regulatory Capacity - The article calls for strengthening the training and professional development of financial judges and regulatory personnel to improve their understanding of financial markets and legal frameworks [26]. - It highlights the importance of maintaining a clean and accountable judicial and regulatory environment to ensure fair enforcement of laws [26].