金融司法

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上海法院构建涉外金融裁判规则体系 持续探索金融开放合作中的“上海路径”
Zheng Quan Shi Bao Wang· 2025-06-19 12:07
Core Viewpoint - The Shanghai court is developing a foreign-related financial adjudication rule system to enhance international financial cooperation and governance, aiming to improve the competitiveness and influence of Shanghai as an international financial center [1][2]. Group 1: Financial Judicial Mechanism Innovation - The Shanghai court plans to explore higher-quality rule supply by constructing a foreign-related financial adjudication rule system and establishing a foreign-related financial case database, transitioning from case adjudication to rule output [2]. - The court aims to enhance judicial cooperation at a higher level by strengthening international financial judicial exchanges and actively building a legal verification cooperation network with countries along the Belt and Road [2]. Group 2: Cross-Border Financial Governance - The Shanghai court will reinforce data sharing with financial regulatory authorities and collaborate with international organizations and think tanks for forward-looking research to improve cross-border financial governance effectiveness [2]. - Over the past five years, the Shanghai court has handled 3,418 cases related to foreign and Hong Kong, Macau, and Taiwan financial commercial disputes, with an annual growth rate exceeding 10% [2]. Group 3: Judicial Capacity Enhancement - The court respects the applicable law agreements of the parties involved, applying foreign laws or international treaties in over 130 foreign-related cases [2]. - The establishment of specialized mechanisms for foreign-related financial adjudication has been emphasized, with judicial teams set up across all courts in Shanghai to enhance the judicial capacity for foreign-related disputes [2].
北京金融法院薛峰:全力实现投资者胜诉债权,提升人民司法获得感
Bei Ke Cai Jing· 2025-05-16 13:09
Core Viewpoint - The Beijing Financial Court has been actively working on investor protection cases, focusing on fair and efficient financial judicial protection of investors' legal rights [1][6]. Group 1: Investor Protection Efforts - The court has optimized judicial resource allocation and enhanced collaboration in case handling to ensure the protection of investors' rights [1][7]. - There has been an increase in the enforcement of penalties against financial fraud and misleading issuance in the capital market [7][8]. Group 2: Case Examples - In a case involving a listed company's false statements, the court effectively controlled the defendant's accounts and executed promptly upon detecting fund inflows to protect the investor's rights [6]. - In another case regarding securities false statements, the court reasonably assessed the investor's actual losses and ordered the company to compensate, thereby supporting the orderly and healthy development of the securities market [8].
北京金融法院副院长薛峰:不断健全投资者保护长效机制 进一步加大对违法主体的惩戒力度
Zheng Quan Ri Bao· 2025-05-15 11:53
Core Viewpoint - The Beijing Financial Court has made significant efforts in protecting investors' rights, handling a total of 15,267 cases in the past two years, with 4,773 related to investor protection, accounting for 31% of all cases [1] Group 1: Judicial Protection Mechanisms - The court focuses on efficient judicial protection of investors' rights by resolving disputes before they escalate to litigation, thereby promoting early conflict resolution [2] - There is an increased emphasis on punishing financial fraud and misleading issuance in the capital market, while also guiding market participants to fulfill their responsibilities [2] - The court is optimizing judicial resource allocation and enhancing collaboration among different judicial functions to ensure investors' claims are effectively realized [2] Group 2: Mechanism Improvement for Investor Protection - The court is exploring a "dual-track dual-platform" mechanism for resolving securities disputes, making it easier for small and medium investors to protect their rights [3] - A "six-step review method" has been established to clarify the due diligence obligations of asset management product managers, strengthening the foundation for investor protection [3] - A collaborative mechanism has been set up to promote comprehensive advancement in investor protection [3] Group 3: Systematic Protection of Investor Rights - The court aims to enhance investors' legal awareness to encourage rational investment practices [3] - It focuses on identifying financial risk indicators and collaborating with regulatory bodies to address common issues in the market [3] - The court is committed to fostering a financial culture that supports the protection of investors' rights [3] Future Directions - The Beijing Financial Court plans to continue prioritizing the protection of small and medium investors, enhancing the long-term mechanisms for investor protection, and increasing penalties for violators [3] - The goal is to create a safer and more reliable market environment, contributing to a transparent and resilient securities market in China [3]