金融司法

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北京金融法院答中证报记者问:鼓励并创造条件支持被执行企业全力回血自救
Zhong Guo Zheng Quan Bao· 2025-09-15 00:16
Core Viewpoint - The Beijing Financial Court is actively enhancing the business environment through legal reforms and collaborative initiatives, focusing on supporting enterprises in distress and fostering a "entrepreneur-friendly" financial ecosystem [1][2][3]. Group 1: Legal Reforms and Initiatives - The Beijing Financial Court has developed eight versions of legal business environment reform plans, issuing 45 documents and implementing 102 reform measures [1]. - The "Optimization of Business Environment Workstation" was established in July 2022, involving 19 expert mediators from various industries to create a collaborative legal platform [2]. - As of August 2025, 212 cases have utilized this mechanism, involving a total amount of 31.1 billion, with 19.2 billion successfully executed [2]. Group 2: Support for Distressed Enterprises - The court encourages distressed enterprises to recover and self-rescue, facilitating the disposal of low-value assets to restore trust and credit relationships [1][4]. - A new mechanism has been introduced to support temporarily distressed but salvageable enterprises, focusing on financial recovery and risk management across the entire industry chain [3][4]. - The court emphasizes the importance of expert mediators in evaluating the core competitiveness and potential of enterprises, providing feasible dispute resolution solutions [4][5]. Group 3: Financial Ecosystem Development - The initiative aims to align financial support with the development of new productive forces, fostering a supportive environment for innovation and entrepreneurship [3]. - The focus is on creating a dynamic match between capital and the growth cycles of enterprises, ensuring judicial support for investments in green and innovative sectors [3].
上海金融法院涉外纠纷调解书获域外法院承认
Zheng Quan Shi Bao Wang· 2025-08-21 03:14
人民财讯8月21日电,8月21日,记者获悉,开曼群岛大法院日前在审理一起涉中国企业跨境申请保全与 执行纠纷时,首次承认上海金融法院的民事调解书,并据此批准了中国当事人提出的域外送达、资产全 球冻结、财务披露申请。 该案是上海金融法院调解书在离岸司法管辖区获得承认与执行的首起案件。鉴于国内诸多企业和个人在 开曼群岛成立并运营离岸实体,该案对于中国胜诉当事方在开曼法院申请承认与执行中国法院裁判具有 一定的参考意义。 ...
北京金融法院成立一周年:收案6275件 累计标的额2193亿元
Xin Hua Wang· 2025-08-12 06:29
北京金融法院3月23日召开新闻发布会,通报该院成立一周年工作情况,并发布十大典型案例。截 至3月18日,北京金融法院收案6275件,其中民事案件4476件,行政案件411件,执行案件986件,其他 案件402件,累计标的额2193亿元。 北京金融法院党组成员、副院长李艳红介绍,北京金融法院受理的案件中,新类型金融纠纷比较集 中,重大疑难复杂案件占比较高,其中不乏具有广泛社会影响的"首例"案件。李艳红表示,北京金融法 院梳理确定首批26项具体任务并全部落实到位,基本建立了符合金融审判规律的审判体系。例如,创新 代表人诉讼实施机制、证券纠纷示范判决机制,使证券集体诉讼制度落到实处,强化证券违法民事赔偿 的功能作用,维护资本市场健康发展;优化行政非诉执行案件办理程序,减少流程环节,压缩办案时 限,保障金融监管部门依法作出的行政处罚决定及时进入执行程序,增强打击证券违法活动的法律威 慑。 北京金融法院党组成员、副院长薛峰介绍十大典型案例时说:"这10个典型案例是从北京金融法院 审结的近4000件案件中精选出来的,是北京金融法院开局起步之年审判执行工作的缩影,包括行政案例 3个、商事案例6个、执行案例1个。"薛峰表示, ...
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]