Workflow
行政执法当事人承诺制度
icon
Search documents
证监会修订行政执法当事人承诺制度,进一步明确受理条件!
Zheng Quan Ri Bao Wang· 2025-12-31 14:08
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has announced modifications to the "Implementation Regulations of the Administrative Law Enforcement Commitment System for Securities and Futures" which will take effect on February 1, 2026, aimed at enhancing the enforcement of securities and futures laws and protecting investor rights [1][2]. Group 1: Implementation of the Commitment System - The Administrative Law Enforcement Commitment System allows the CSRC to terminate investigations if the involved parties commit to rectifying violations and compensating affected investors, thus serving as a new enforcement mechanism [1][2]. - The system has been positively evaluated for its comprehensive role in remedying, punishing, educating, and resolving market disputes, reflecting the political and public nature of capital market regulation [2]. Group 2: Modifications to Acceptance Conditions - The modifications specify conditions under which the CSRC will not accept applications for the commitment system, including refusal to cooperate with investigations, inability to pay commitment fees, being listed as a serious credit defaulter, and prior use of the system within the last year [3]. - The decision also clarifies the execution standards for necessary investigations and improves the requirements for application materials and internal consultation procedures [3]. Group 3: Strengthening Integrity Constraints - The decision enhances the integrity requirements for parties involved, stating that malicious delays or leaks of information during the commitment process will be treated as violations of good faith principles [3]. Group 4: Future Implementation - The CSRC will focus on effectively implementing the decision to protect investor rights and promote high-quality development in the capital market [5].
新规!“当事人承诺制度”出新招,投资者保护再升级
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has announced modifications to the implementation regulations of the administrative enforcement commitment system, effective from February 1, 2026, to enhance the clarity of acceptance conditions and standardize processing procedures [1][4]. Group 1: Implementation of the Commitment System - The administrative enforcement commitment system allows entities or individuals under investigation for suspected securities and futures violations to commit to rectifying their actions and compensating investors, leading to the termination of investigations upon fulfillment of these commitments [1][2]. - The system has been positively evaluated for its comprehensive role in relief, punishment, education, and resolving market disputes, demonstrating good legal and social effects [2]. Group 2: Modifications to Acceptance Conditions - The modifications specify that applications for the commitment system will not be accepted if the applicant refuses to cooperate with investigations, lacks the ability to pay the commitment fee, is listed as a serious credit defaulter, or has previously used the commitment system within the last year [3]. - The decision also outlines additional circumstances under which the CSRC may deem the commitment system inapplicable based on prudent regulatory principles [3]. Group 3: Processing Procedures and Integrity Constraints - The decision clarifies the execution standards for necessary investigations, improves application material requirements, and standardizes the procedures for correcting applications and internal consultations [3]. - To enhance the seriousness of the commitment system, the decision states that any malicious delays or breaches of integrity by the parties involved will be subject to penalties as outlined in the relevant regulations [3]. Group 4: Future Implications - The modifications aim to better protect investors' rights, maintain market order, and improve the efficiency of administrative enforcement, contributing to the high-quality development of the capital market [4].