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证券纠纷特别代表人诉讼制度
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证监会:支持司法机关依法适用代表人诉讼程序开展审判工作
Bei Jing Shang Bao· 2025-12-31 12:34
北京商报讯(记者 马换换 李佳雪)12月31日晚间,证监会官网显示,证监会有关部门负责人答记者 问。 对于"沈阳中院于12月19日发布公告,就锦州港证券虚假陈述责任纠纷案件适用特别代表人诉讼程序审 理。对此如何评价? "的问题,证监会负责人表示,锦州港的虚假陈述等证券违法行为,严重扰乱证券 市场秩序,损害广大投资者合法权益,证监会已依法进行了行政处罚。相关人民法院依法受理投资者起 诉,投资者保护机构中证中小投资者服务中心接受50名以上投资者授权,依法向相关人民法院申请将案 件审判程序转换为特别代表人诉讼,12月19日,沈阳中院发布锦州港特别代表人诉讼权利登记公告。投 资者保护机构与相关人民法院以具体的案例切实、有效地贯彻落实了新"国九条"有关"加大证券纠纷特 别代表人诉讼制度适用力度"的工作部署要求,将保护投资者权益的特别代表人诉讼法律制度规定落到 了实处。 下一步,证监会将继续支持中证中小投资者服务中心依法履行好支持、代表投资者民事诉讼维权的法定 公益服务职能,支持司法机关依法适用代表人诉讼程序开展审判工作,通过监管与司法协同共治,更好 维护投资者特别是广大中小投资者合法权益,维护良好市场生态,促进市场高质 ...
投资者保护迎行动指南全链条织密“安全网”
Zheng Quan Ri Bao· 2025-10-28 23:24
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has issued guidelines to strengthen the protection of small and medium-sized investors in the capital market, marking a significant milestone in the construction of the investor protection system in China [1][2]. Group 1: Investor Protection Measures - The guidelines cover the entire process from issuance to delisting, creating a comprehensive "safety net" for investor protection [1]. - The measures aim to enhance market trust, improve the investment ecosystem, and increase the sense of security for small and medium-sized investors [1][2]. - The guidelines emphasize the importance of investor education and appropriate management by industry institutions, urging them to integrate these aspects into their business processes [2][3]. Group 2: Legal and Dispute Resolution Mechanisms - The special representative litigation system has played a crucial role in supporting small and medium-sized investors in obtaining compensation, with 60,000 investors collectively compensated 2.739 billion yuan [4]. - The guidelines call for optimizing the operation mechanism of the special representative litigation system to improve efficiency and reduce costs for investors seeking legal recourse [4][5]. - The CSRC aims to enhance the multi-channel dispute resolution mechanisms, including mediation, civil litigation, and advance compensation systems, to provide more accessible and practical relief for investors [5][6]. Group 3: Delisting and Compensation Mechanisms - The guidelines propose to improve the compensation mechanisms for investors during the delisting process, particularly for companies that are forcibly delisted due to major violations [7][8]. - Companies facing delisting risks are encouraged to take proactive measures to compensate investors for losses incurred due to illegal activities [7]. - The guidelines also require companies that voluntarily delist to provide cash options and other protective measures for investors, ensuring a fair and predictable delisting process [8].
投资者保护迎行动指南 全链条织密“安全网”
Zheng Quan Ri Bao· 2025-10-28 17:07
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has issued guidelines to strengthen the protection of small and medium-sized investors in the capital market, marking a significant milestone in the development of the investor protection system in China [1][2]. Group 1: Investor Protection Measures - The guidelines cover the entire process from issuance to delisting, creating a comprehensive "safety net" for investor protection [1]. - The measures aim to enhance market trust, improve the investment environment, and increase the sense of security for small and medium-sized investors [1][2]. - The guidelines represent an institutional innovation at the regulatory level, supporting high-quality development of the capital market and balancing fairness and efficiency [1]. Group 2: Responsibilities of Industry Institutions - The guidelines emphasize the responsibility of securities, fund, and futures institutions in protecting investors, particularly in education and service [2]. - Institutions are required to integrate investor education into their business processes and improve complaint handling mechanisms [2][3]. - The guidelines aim to shift the focus of industry institutions from sales-oriented to service-oriented, enhancing self-discipline and rebuilding institutional credibility [2]. Group 3: Legal and Dispute Resolution Mechanisms - The special representative litigation system has played a crucial role in supporting small and medium-sized investors in obtaining compensation, with 60,000 investors collectively compensated 2.739 billion yuan [4]. - The guidelines call for optimizing the operation mechanism of the special representative litigation system to improve efficiency and accessibility for investors [4]. - The CSRC aims to enhance the multi-channel dispute resolution mechanisms, including mediation, civil litigation, and advance compensation systems [5]. Group 4: Delisting and Compensation Mechanisms - The guidelines propose to strengthen the compensation mechanisms for investors during the delisting process, particularly for companies involved in major violations [7][8]. - Companies facing delisting risks are encouraged to take proactive measures to compensate investors for losses incurred due to illegal activities [7]. - The guidelines also require companies that voluntarily delist to provide cash options and ensure transparent information disclosure to protect investor interests [8].