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司法保障资本市场改革发展
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司法保障资本市场改革发展纲领性文件发布
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 support for the high-quality development of the capital market by addressing illegal activities and protecting investors' rights [1][2][3][4] Group 1: Investor Protection - The "Opinions" emphasize the need to combat fraudulent issuance and financial information disclosure violations, while improving the civil compensation system for false statements [1] - Regular representative litigation for securities disputes will be conducted to facilitate investors in protecting their legal rights and reduce their costs [1][2] Group 2: Market Participant Behavior Regulation - The "Opinions" advocate for securities, futures, and fund management institutions to return to their core functions and operate steadily [2] - In disputes related to shareholder rights of securities and futures fund management institutions, courts are required to thoroughly examine the company's equity structure and control arrangements [2] Group 3: Market Order and Ecology - The "Opinions" call for strict action against the dissemination of false information and illegal competition that disrupts market order [3] - Victims of false information, such as "small essays," are supported in filing civil lawsuits for damages, with criminal liability pursued where applicable [3] Group 4: Judicial and Administrative Coordination - The "Opinions" promote a diversified dispute resolution mechanism and enhance the collaboration between judicial and administrative processes [3] - Courts are instructed to inform potential buyers in equity auction announcements about the risks of not meeting regulatory shareholder conditions [3] Group 5: Organizational Support and Capacity Building - The "Opinions" stress the importance of strengthening the financial trial team and optimizing the jurisdiction and trial mechanisms for financial cases [4] - Continuous efforts will be made to improve the institutional foundation for judicial support in the capital market [4]
最高人民法院、中国证监会联合发布《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》
证监会发布· 2025-05-15 08:21
Core Viewpoint - The article discusses the release of the "Guiding Opinions on Strict and Fair Law Enforcement to Support the High-Quality Development of the Capital Market" by the Supreme People's Court and the China Securities Regulatory Commission, which aims to enhance judicial policies and improve the quality of capital market governance [1][2]. Summary by Sections Judicial Policy and Regulation - The "Guiding Opinions" serve as a comprehensive document to improve judicial policies and regulations in the capital market, focusing on enhancing the effectiveness of judicial and regulatory oversight [1][2]. Investor Protection - Emphasis is placed on protecting investors by combating fraudulent issuance and financial information disclosure violations, and improving the civil compensation system for false statements. Regular representative litigation for securities disputes will be conducted to facilitate investors in safeguarding their rights and reduce the costs of legal action [2]. Market Participant Regulation - The document aims to regulate the behavior of market participants to create a healthy market environment. It encourages securities, futures, and fund management institutions to operate prudently and supports self-regulatory organizations in fulfilling their responsibilities [2]. Judicial and Administrative Coordination - The opinions stress the importance of judicial and administrative collaboration, promoting a diversified dispute resolution mechanism and enhancing the connection between judicial procedures and administrative regulatory processes [2]. Organizational Support - There is a focus on improving the capabilities of judicial and regulatory bodies, including strengthening the financial trial team and optimizing the jurisdiction and trial mechanisms for financial cases [2]. Implementation and Future Steps - The Supreme People's Court and the China Securities Regulatory Commission will work together to implement the "Guiding Opinions," aiming to solidify the institutional foundation for judicial support in the capital market and enhance the coordination between judicial and regulatory efforts [3][4].