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金融审判要有新突破
Xin Lang Cai Jing· 2026-01-03 22:20
Group 1 - The core viewpoint emphasizes the importance of financial judicial reforms and the need for innovative measures to enhance the legal framework surrounding financial markets [1][2] - The Beijing Financial Court, under the leadership of Judge Ding Yuxiang, has made significant strides in addressing complex financial cases, including the landmark Blue Stone Asset case involving a false statement in the interbank bond market with a total amount of 500 million [1] - The court has introduced new mechanisms such as the "dual-track dual-platform" dispute resolution system and the "multi-factor migration synchronous comparison method" for loss calculation, reflecting the collective efforts of the court and the China Securities Association [2] Group 2 - Judge Ding Yuxiang plans to focus on breakthroughs in the area of financial institution bankruptcy in 2026, aiming to align judicial practices with the revised corporate bankruptcy law [3] - The judge emphasizes the importance of mentoring younger legal assistants in the courtroom, fostering both professional skills and party discipline through practical case handling [3] - The daily routine of Judge Ding includes early morning hours dedicated to writing judgments and reviewing cases, highlighting a commitment to both work and personal health through regular physical exercise [4]
金融“黑灰产”集群打击取得积极成效 金融监管总局表示将持续加大对重点领域打击力度
Core Viewpoint - The Ministry of Public Security and the National Financial Regulatory Administration have launched a joint initiative to combat illegal financial activities, achieving significant results in curbing financial crime and protecting consumer rights [1][2]. Group 1: Financial Crime Combat Efforts - Since June, nearly 60 operations have been conducted, resulting in over 1,500 cases of financial crime being investigated and more than 200 organized crime groups dismantled, with a total amount involved nearing 300 billion [2]. - The initiative has effectively purified the financial market ecosystem and maintained national financial order and stability [2]. - Ten typical cases were disclosed, covering various financial sectors, including loan fraud, insurance fraud, and illegal agency rights protection, which severely harm consumer rights and disrupt financial market order [2]. Group 2: Regulatory Measures and Future Plans - The financial regulatory authority plans to intensify efforts against illegal loan intermediaries and unauthorized rights protection agencies, with a focus on enhancing the quality and effectiveness of regulatory measures by 2026 [5][6]. - By the end of November, over 4,500 leads were transferred to law enforcement, involving amounts exceeding 210 billion, and more than 1,700 reports were guided, involving over 170 billion [4]. - The regulatory body aims to strengthen inter-departmental collaboration and improve the legal framework surrounding financial crimes, including developing evidence transfer standards for criminal activities [6].
公安部通报金融领域“黑灰产”违法犯罪集群打击工作举措成效情况
Yang Shi Wang· 2025-12-25 02:36
Core Viewpoint - The Ministry of Public Security and the National Financial Regulatory Administration have launched a six-month crackdown on illegal activities in the financial sector, resulting in significant achievements in combating "black and gray" industries that harm consumer rights and disrupt market order [1][3]. Group 1: Key Achievements - Over 1,500 cases of financial "black and gray" crimes have been investigated, with more than 200 organized crime groups dismantled, involving a total of nearly 30 billion yuan [1][3]. - The collaboration between law enforcement and financial regulatory bodies has led to the transfer of over 4,500 case leads to the police, involving amounts exceeding 21 billion yuan [3][4]. - The crackdown has resulted in a noticeable decrease in financial dispute complaints and an increase in public satisfaction and participation [3][6]. Group 2: Strategies Employed - The approach has shifted from "scattered operations" to "joint management," enhancing the mechanism for law enforcement collaboration [3][4]. - A focus on targeted enforcement has been established, utilizing data analysis to identify and investigate illegal activities in the financial sector [4][5]. - The integration of law enforcement and regulatory data has improved the efficiency of identifying and addressing illegal financial activities [2][3]. Group 3: Challenges and Responses - The complexity of identifying and prosecuting "black and gray" financial activities has been highlighted, with challenges including the obscurity of operations and the evolving nature of criminal methods [7][8]. - Measures have been implemented to enhance the identification standards for illegal intermediaries and to develop a risk warning mechanism to prevent illegal activities [8][11]. - Financial institutions are urged to strengthen their internal controls and risk management systems to mitigate exposure to illegal activities [11][12].
金融法治协同持续增强
Jing Ji Ri Bao· 2025-11-03 22:35
Core Viewpoint - The 2025 Financial Street Forum emphasizes the importance of advancing financial development through legal frameworks, highlighting the need for a robust financial legal system to support the construction of a financial powerhouse [1]. Group 1: Financial Legal System Development - The National People's Congress (NPC) is prioritizing financial legislation, including the formulation of a Financial Stability Law and amendments to the Banking Supervision Law [1]. - There is a call for enhanced research on foreign-related legal issues in finance to safeguard national financial security and promote high-level opening-up [1]. Group 2: Securities Dispute Resolution - The Beijing Financial Court has accepted 10,942 securities commercial cases from March 2021 to August 2025, with securities disputes accounting for 44.47% of its civil and commercial case filings [2]. - The court has handled 1,080 foreign-related cases involving 38 countries and regions, with securities misrepresentation and financial contract disputes being the most common types [2]. Group 3: Investor Protection and Fund Management - The rapid evolution of the private equity fund industry has led to challenges in governance and liquidation, prompting the China Securities Investment Fund Industry Association and the Beijing Financial Court to issue guidelines to protect investor rights [2]. - The court has introduced a dual-track dispute resolution mechanism to lower investor protection costs, including representative litigation and demonstration judgment mechanisms [3]. Group 4: Judicial Support for Capital Markets - Recent court rulings have clarified the legitimacy of investor representation in litigation when fund managers are unresponsive, addressing the "no one to perform duties" dilemma [3]. - The Beijing Financial Court has implemented innovative methods for loss calculation and has released guidelines to combat securities violations, clarifying responsibilities and regulating trading behaviors [3].
以推动高质量发展为主题奋力开创中国式现代化建设新局面——多部门负责人在《〈中共中央关于制定国民经济和社会发展第十五个五年规划的建议〉辅导读本》发表署名文章
Group 1: Economic and Financial Strategy - The 20th Central Committee's Fourth Plenary Session approved the "Suggestions on Formulating the 15th Five-Year Plan for National Economic and Social Development," outlining systematic planning and strategic deployment for economic and social development during the 15th Five-Year period [1] - The article emphasizes the integration of technological and industrial innovation, enhancing the inclusiveness and adaptability of capital market systems, and expanding high-level opening-up [1][2] Group 2: Financial System Improvement - The article by Wang Jiang highlights seven key tasks for building a strong financial nation, including improving the central bank system and promoting healthy capital market development [2][3] - It stresses the need for financial institutions to focus on their main businesses and enhance governance, while also supporting state-owned financial institutions in serving the real economy [3][4] Group 3: Monetary Policy and Macro-Prudential Management - The People's Bank of China aims to construct a scientific and robust monetary policy system and a comprehensive macro-prudential management framework to support high-quality financial development [6][7] - The article outlines the importance of adjusting monetary policy to match economic growth and price stability, emphasizing the need for a balanced approach to short-term and long-term economic goals [7][8] Group 4: International Financial Center Development - The article discusses the continuous development of various financial markets in Shanghai to enhance its global competitiveness and influence [4][5] - It calls for strengthening the cross-border payment and clearing system for the Renminbi and expanding institutional openness in the financial sector [4] Group 5: Trade and Investment Expansion - The article by Wang Wentao emphasizes the significance of expanding high-level opening-up, including promoting trade innovation and enhancing the quality of foreign trade [10][11] - It outlines tasks such as increasing market access in service sectors and optimizing the free trade zone strategy to boost innovation and development [11][12] Group 6: Real Estate Market Development - The article by Ni Hong focuses on promoting sustainable and healthy development in the real estate market through reforms in development, financing, and sales systems [14][15] - It highlights the need for a multi-level housing security system and emphasizes the importance of local governments in adjusting real estate policies based on specific city conditions [15][16]
金融街论坛热议跨境金融法治应对 两项金融法治协同成果落地
Bei Ke Cai Jing· 2025-10-31 15:25
Core Viewpoint - The financial law forum emphasizes the importance of legal frameworks in promoting financial development, innovation, and transformation, highlighting the need for a robust financial legal system to support the construction of a financial power and modern governance capabilities [1][4]. Group 1: Financial Legal System Development - The establishment of a sound financial legal system is crucial for building a financial power and modernizing financial governance [4]. - Legislative tasks in the financial sector are significant, with goals set by the 20th National Congress to formulate financial laws, including the Financial Stability Law and amendments to existing banking laws [4][5]. Group 2: Risk Prevention and Legal Framework - Preventing and mitigating financial risks, particularly avoiding systemic financial risks, is a core function of financial law [6]. - The Supreme People's Court has been guiding lower courts in major risk management, providing legal frameworks to address risks in areas like internet finance and real estate [6][7]. Group 3: Cross-Border Financial Challenges - The forum discussed the legal challenges and responses in cross-border finance, with a focus on the increasing complexity of international capital flows [11][14]. - The Beijing Financial Court highlighted the prevalence of securities fraud and disputes related to financial loans and investment contracts, reflecting the diverse legal needs arising from international cooperation [14]. Group 4: Regulatory Developments in Hong Kong - Hong Kong is adapting its regulatory framework to address new challenges, such as the implementation of a licensing system for virtual asset trading platforms to protect investors [8]. Group 5: Collaborative Outcomes - The Beijing Financial Court and industry associations released two reports focusing on judicial support for the high-quality development of the capital market and investor protection practices [18][19]. - These reports aim to address industry challenges, particularly concerning the management of private investment funds and the legal implications of fund manager failures [19].
司法护航金融活水“精准灌溉”新质生产力
Zheng Quan Ri Bao· 2025-10-31 00:03
Core Viewpoint - The Central Committee of the Communist Party of China emphasizes the acceleration of high-level technological self-reliance and the leading role of new quality productivity in the 15th Five-Year Plan [1] Group 1: Judicial Support for Technological Innovation - The judiciary plays a comprehensive role in supporting the development of new quality productivity by protecting technological talent, innovation, and industrial development [1] - The Beijing Financial Court aims to enhance legal protection for technology enterprises, which are crucial for innovation, by maintaining fair competition and strengthening intellectual property protection [2][3] Group 2: Financial Support and Legal Framework - The court has established rules to address financing challenges faced by technology innovation enterprises, ensuring a stable market expectation and protecting non-traditional financing methods [3] - A collaborative mechanism has been created with the Beijing Federation of Industry and Commerce to resolve disputes and support private enterprises, helping over 50 companies and safeguarding employment for over 100,000 workers [3] Group 3: Addressing Legal Shortcomings - There are existing legal shortcomings in supporting new quality productivity, particularly in the areas of financial innovation and cross-border finance, which require enhanced legal frameworks [4] - The Beijing Financial Court has initiated research teams to address key financial issues and has proposed legislative suggestions to improve laws affecting the private economy and bankruptcy [5] Group 4: Balancing Innovation and Risk - The court has explored various methods to support high-quality development in technology finance, including establishing a specialized adjudication and research system and innovating dispute resolution mechanisms [7] - There is a need to prevent financial risks while encouraging innovation, requiring a multi-dimensional regulatory approach to ensure that the essence of financial activities is captured within the legal framework [8][9]
2025金融街论坛平行论坛举行,聚焦数智时代金融风险防控
Xin Jing Bao· 2025-10-30 08:23
Core Insights - The 2025 Financial Street Forum highlighted the dual nature of digital intelligence in finance, presenting both opportunities for innovation and new risks that require a legal and collaborative governance framework [1][2] Group 1: Governance and Risk Management - The Deputy Mayor of Beijing, Sun Shuo, emphasized the historical intersection of breakthrough digital technology applications and high-level financial openness, which creates new productive forces but also poses challenges such as algorithmic opacity and new fraud risks [1] - The Beijing government is focusing on enhancing regulatory collaboration and establishing a comprehensive risk prevention system while ensuring a stable and transparent financial environment [1][2] Group 2: Recommendations for Financial Risk Governance - Sun Shuo proposed three key recommendations for building a collaborative governance system in the digital era: leading with the rule of law, embracing technology for security, and promoting openness for shared benefits [2] - The Beijing People's Procuratorate is integrating the creation of a financial prosecution brand with the implementation of a digital prosecution strategy, emphasizing legal supervision as a core element of risk prevention and governance [2] Group 3: Initiatives and Publications - A joint initiative to combat financial black and gray industries was launched by the Beijing People's Procuratorate, the Beijing Regulatory Bureau of the National Financial Supervision Administration, and China University of Political Science and Law [2] - The Beijing People's Procuratorate released the "Beijing Procuratorial Financial White Paper (2024-2025)" along with typical case studies [2]
强化涉外法治防线 保障金融市场高效运行
Zheng Quan Shi Bao· 2025-10-28 18:12
Group 1 - The core viewpoint emphasizes that the rule of law is fundamental for the financial market, ensuring its safe and efficient operation is essential for high-quality domestic economic development and enhancing international competitiveness in finance [1][2] - The Supreme People's Court highlights the importance of maintaining a bottom line to prevent systemic financial risks, which is a core function of financial law [1] - The National People's Congress is focused on improving the quality of financial legislation to support the construction of a modern financial system with Chinese characteristics [2] Group 2 - The National Foreign Exchange Administration has intensified efforts to combat illegal activities in the foreign exchange sector, with 6,100 cases of violations addressed since the start of the 14th Five-Year Plan [2] - Banks play a crucial role in providing cross-border financial services and are being encouraged to optimize their foreign exchange services while enhancing risk prevention capabilities [3] - The China Securities Regulatory Commission is committed to improving the legal framework for foreign-related capital markets to facilitate high-level openness and ensure a balanced approach between openness and security [4]
最高法:强化金融行政审判,保障金融监管措施“长牙带刺”
Nan Fang Du Shi Bao· 2025-10-28 09:51
Core Viewpoint - The Supreme People's Court is enhancing financial administrative trials and non-litigation enforcement to ensure effective implementation of financial regulatory measures, thereby supporting and supervising regulatory agencies in their legal duties [1][5]. Group 1: Financial Judicial Innovations - The Supreme Court is promoting a shift in concepts and innovative practices in financial civil and commercial trials, focusing on balancing stability and progress, risk prevention and development promotion, as well as domestic and foreign legal frameworks [3]. - Various methods such as judicial interpretations, policies, and typical case publications are being utilized to unify judgment standards and stabilize market expectations [3]. - Over 130 financial-related cases have been entered into the case database, covering various financial sectors including banking, securities, insurance, and trust [3]. Group 2: Risk Prevention and Financial Security - The core function of financial law is to prevent and resolve financial risks, particularly maintaining the bottom line of avoiding systemic financial risks [4]. - The courts are involved in major risk management, providing legal frameworks for risk resolution while clarifying market discipline [4]. - Emphasis is placed on early identification, warning, exposure, and resolution of financial risks, with a focus on substantive risk mitigation during trials and enforcement [4].