资本市场司法规则

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完善资本市场司法规则纲领性文件出炉!两部门发布指导意见优化市场生态、加强行政司法协同
Zheng Quan Shi Bao Wang· 2025-05-15 12:50
Group 1 - The core viewpoint of the news is the release of the "Guiding Opinions" by the Supreme People's Court and the China Securities Regulatory Commission to enhance the legal framework supporting the high-quality development of the capital market [1][2] - The "Guiding Opinions" consist of 23 points aimed at reducing the cost of investor rights protection and increasing the enforcement against various illegal activities [1][2] - The document emphasizes the importance of judicial and administrative collaboration to address existing issues in civil, administrative, criminal, and judicial processes [1][2] Group 2 - The "Guiding Opinions" aim to strengthen investor protection by ensuring their rights to information, participation in corporate governance, and fair market participation are upheld [2][3] - It introduces the concept of representative litigation for securities disputes to facilitate investors in protecting their legal rights and reduce the costs associated with such actions [2][3] - The document highlights the need for high-quality information disclosure as a foundation for the registration system, with a focus on combating fraudulent issuance and financial misconduct [2][3] Group 3 - The "Guiding Opinions" call for improved quality of listed companies by ensuring accurate and complete disclosure of information regarding shareholders and actual controllers [3] - It specifies that illegal agreements related to shareholding and profit transfer should be deemed invalid by the courts, indicating a stricter enforcement approach [3] Group 4 - The document outlines measures to regulate the behavior of market participants, emphasizing the need for securities, futures, and fund management institutions to operate prudently [4] - It proposes a framework for handling disputes between private fund managers and investors, ensuring the responsibilities of trustees are clearly defined and upheld [4] Group 5 - The "Guiding Opinions" address the issue of false information dissemination and "black market" activities that disrupt market order, emphasizing legal consequences for such actions [5][6] - It supports victims in pursuing civil claims for damages caused by these illegal activities, with criminal liability for those who commit offenses [6] Group 6 - The document promotes the establishment of a multi-faceted dispute resolution mechanism, enhancing cooperation between judicial and administrative bodies [7] - It encourages the use of mediation and non-litigation methods to resolve securities disputes, aiming to alleviate litigation pressures and improve social outcomes [7] - The "Guiding Opinions" advocate for a comprehensive information-sharing mechanism between judicial and regulatory authorities to enhance the efficiency of legal and regulatory processes [7]