金融司法参与社会治理
Search documents
促推新兴金融业态规范健康发展 上海金融法院发布20个典型案例
Zheng Quan Shi Bao Wang· 2025-11-11 11:44
Core Viewpoint - The Shanghai Financial Court, in collaboration with Shanghai University of Finance and Economics and Weico Group, has released the sixth batch of selected cases to stabilize the expectations of domestic and foreign parties regarding judicial rules, thereby supporting high-quality financial development and high-level opening-up [1]. Group 1: Case Characteristics - The Shanghai Financial Court has introduced 20 typical cases that cover a wide range of case types, including mediation, trial, and execution, with 5 cases involving foreign and Hong Kong-Macau-Taiwan elements [2]. - The cases encompass various transaction types such as cross-border guarantees, securities trading, independent letters of guarantee, fund investments, entrusted wealth management, bill collection, financing leasing, and platform insurance [2]. - The legal issues presented are novel, including judgments on securities false statements in employee stock ownership plans and the responsibilities of trustees violating fair distribution obligations [2]. Group 2: Significance of the Cases - The cases actively guide judicial ruling rules, exemplified by a landmark ruling where a private fund manager was held liable for unfair distribution, fostering a sound legal environment in the private investment sector [2]. - The cases promote the healthy development of emerging financial formats, as seen in a ruling that clarifies the obligations of insurers in platform insurance models, aligning the insurance industry with digital age requirements [2]. - The cases demonstrate the effectiveness of financial judiciary participation in social governance, with rulings that help efficiently resolve disputes and mitigate financial risks [3]. Group 3: Future Directions - The Shanghai Financial Court will continue to focus on its financial adjudication functions, adhere to a strategy of high-quality cases, and implement a long-term mechanism for the international promotion of typical cases to enhance the international influence of Chinese financial judiciary [3].