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证券纠纷多元化解
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甘肃:推动证券纠纷多元化解工作提质增效
Ren Min Wang· 2025-05-26 00:59
Core Viewpoint - The Gansu Provincial High People's Court and the Gansu Securities Regulatory Bureau have convened a meeting to promote the implementation of guidelines aimed at ensuring fair law enforcement and judicial support for the high-quality development of the capital market [1][2]. Group 1: Meeting Objectives and Discussions - The meeting emphasized the importance of enhancing the synergy between financial judiciary and regulatory bodies to improve the resolution of securities disputes [1][2]. - Participants discussed the functionality of the "total-to-total" online mediation mechanism and agreed on the need for a regular communication and information-sharing mechanism to consolidate dispute resolution efforts [1][2]. Group 2: Investor Protection and Judicial Services - The meeting highlighted the necessity of protecting investors' rights, including their right to information, participation in corporate governance, and fair market engagement [2]. - It was proposed to facilitate investors in legally safeguarding their rights by utilizing standardized civil litigation documents and online court services [2]. Group 3: Mechanism Optimization and Training - The meeting called for the optimization of the securities dispute resolution mechanism, prioritizing non-litigation solutions and improving the connection between online and offline mediation [2]. - There is a focus on enhancing the professional capabilities of financial judiciary and regulatory personnel through training to improve the quality and efficiency of securities dispute resolution [2].
凝聚解纷合力 提升中小投资者合法权益保护水平
Core Viewpoint - The article discusses the release of ten typical cases of diversified resolution of securities disputes by the Shanghai Financial Court and the China Securities Investor Services Center, aimed at protecting the rights of small and medium investors and promoting high-quality development of the capital market [4]. Group 1: Typical Cases and Their Significance - The ten cases highlight the importance of non-litigation dispute resolution mechanisms, emphasizing collaboration among courts, investor protection agencies, and mediation organizations to efficiently resolve collective disputes [4]. - The first case of special representative litigation in China showcases the court's commitment to holding companies accountable for securities fraud, resulting in a compensation of 285 million yuan for 7,195 eligible investors [7][8]. - The first case of a shareholder derivative lawsuit initiated by an investor protection agency demonstrates the effectiveness of holding key stakeholders accountable, leading to full compensation for the company’s losses [12]. Group 2: Innovative Resolution Mechanisms - The introduction of a comprehensive pre-litigation mediation commitment mechanism by the Shanghai Financial Court has significantly improved the efficiency of resolving disputes involving large private enterprises, achieving a 92% settlement rate [18]. - The use of a "demonstration judgment + professional mediation + judicial confirmation" mechanism in resolving disputes involving state-owned enterprises has resulted in a 98% settlement rate, showcasing the effectiveness of collaborative approaches [21]. - The integration of digital tools in resolving disputes involving delisted companies has led to an 85% resolution rate, balancing investor protection with the operational stability of companies [30]. Group 3: Cross-Regional Collaboration - The cross-regional collaboration in resolving disputes involving companies listed on the Sci-Tech Innovation Board has set a precedent for using demonstration mediation mechanisms, resulting in all 23 cases being resolved without entering litigation [23]. - The successful resolution of securities market manipulation disputes in the New Third Board through a dual-track mediation approach has established clear compensation rules and enhanced investor confidence [33].