证券纠纷调解服务
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持续优化调解服务 证券纠纷调解规则修订发布
Xin Hua Wang· 2025-08-12 06:07
据中国证券业协会5月15日消息,为进一步完善证券行业纠纷多元化解机制,畅通非诉讼纠纷解决 渠道,切实维护投资者合法权益,中证协组织投资者服务与保护专业委员会,修订发布《中国证券业协 会证券纠纷调解规则》。 作为行业自律组织,在化解系列性或群体性纠纷时,人民法院作出生效示范判决后,中证协可接受 人民法院的委托或委派,参照生效判决文件进行集中调解,促进"同案同判",降低投资者维权成本,推 动群体性纠纷的及时化解。 从内容上看,《规则》形成了涵盖调解工作机制与原则、当事人权利与义务、组织架构、调解申请 与受理、调解程序与资料管理等方面内容的证券纠纷调解规则,坚持党的领导、明确案件调解时限、建 立自律惩戒机制是其修订的特色。 具体来看,《规则》明确,调解工作在党的领导下开展,秉持公平公正理念,突出调解的中立性, 坚持"可调尽调"原则,为当事人提供就近、便捷、高效的调解服务,持续深化与其他社会领域矛盾化解 机制的合作,并进一步完善调解案件受理、调解程序、档案管理、调解监督、信息保密、履职回避、调 解员聘任管理等机制;此外,《规则》还明确了不同复杂程度案件的调解时限,既保障当事人之间能够 充分沟通协商,又防止案件久调不决 ...
中证协修订证券纠纷调解规则:引入小额速调机制,降低投资者维权成本
Mei Ri Jing Ji Xin Wen· 2025-05-15 14:20
Core Viewpoint - The China Securities Association has revised the "Securities Dispute Mediation Rules" to enhance the mediation process, improve investor satisfaction, and reduce the cost of rights protection for investors [1][2]. Group 1: Key Highlights of the Revised Rules - The revised rules aim to standardize mediation work and enhance the credibility of the industry by establishing a self-discipline mechanism for serious breaches of trust [3]. - The mediation mechanism has been improved to enhance the effectiveness of the "three-in-one" diversified dispute resolution approach, ensuring orderly progress in mediation work [4]. - A simplified mediation process has been introduced for disputes involving amounts below 5,000 yuan, allowing for quicker resolutions [5][6]. Group 2: Mediation Procedures and Timelines - The simplified mediation process must be completed within 20 days, with a maximum extension of 30 days, while ordinary mediation should be completed within 30 days, with a similar extension policy [7]. - The rules also specify that complex disputes should be resolved within 180 days from the appointment of the mediator [7]. Group 3: Cooperation and Efficiency Enhancements - The rules enhance cooperation mechanisms with courts and arbitration institutions to ensure the effective enforcement of mediation agreements [8]. - A new small-amount rapid mediation mechanism has been introduced to expedite the resolution of minor disputes, saving judicial resources [9]. Group 4: Mediator Qualifications and Dismissal Conditions - Mediators must have at least five years of relevant experience and meet specific qualifications, ensuring a high standard of mediation services [10]. - The rules outline seven conditions under which mediators can be dismissed, ensuring accountability and integrity in the mediation process [11][12].
中证协,最新修订!完善券业纠纷多元化解机制
证券时报· 2025-05-15 08:48
Core Viewpoint - The article discusses the recent revision of the "Securities Dispute Mediation Rules" by the China Securities Association, aimed at enhancing the mediation mechanism for securities disputes and protecting investors' rights [1][2][3]. Group 1: Mediation Work Mechanism - The revised rules enhance the credibility of mediation work by establishing a framework that emphasizes fairness, impartiality, and the principle of "as much mediation as possible" [1]. - A self-discipline mechanism is introduced to address serious breaches of trust, thereby promoting integrity within the industry [1]. Group 2: Mediation Process and Efficiency - The rules improve the mediation process by clarifying the rights and obligations of parties involved, ensuring orderly progress, and enhancing the effectiveness of mediation services [2]. - Different mediation procedures are established based on the complexity of disputes, including simplified mediation for less complex cases, to facilitate timely resolution [2][3]. Group 3: Collaborative Mechanisms - The article highlights the importance of cooperation between the China Securities Association, courts, and arbitration institutions to enhance the multi-channel resolution of disputes [2]. - The effectiveness of mediation agreements is reinforced through judicial, notarization, and arbitration methods to ensure compliance [2]. Group 4: New Mechanisms for Small Disputes - A new small-claims mediation mechanism allows industry institutions to voluntarily agree to accept mediation proposals for disputes within a certain monetary range, improving efficiency and conserving judicial resources [3]. Group 5: Group Dispute Resolution - The introduction of a "demonstrative judgment and mediation connection mechanism" aims to facilitate the resolution of collective disputes by allowing the China Securities Association to mediate based on effective court judgments [3].
中证协修订发布《中国证券业协会证券纠纷调解规则》 纠纷调解规则共分为六章
Cai Jing Wang· 2025-05-15 08:20
Core Viewpoint - The China Securities Association has revised the "Securities Dispute Mediation Rules" to enhance the multi-faceted resolution mechanism for securities disputes, ensuring better protection of investors' rights and interests, and aligning with national financial regulatory guidelines [1][2]. Summary by Sections Section 1: Regulatory Framework - The revised mediation rules are based on the "Securities Law of the People's Republic of China" and the "Opinions on Promoting High-Quality Development of Financial Dispute Mediation" issued by financial regulatory authorities [1]. Section 2: Implementation of Mandatory Mediation - The rules clarify the circumstances under which mandatory mediation applies, excluding disputes already resolved through other means or those with existing effective mediation agreements [2]. Section 3: Enhancing Credibility and Mechanisms - The rules emphasize fair and impartial mediation, establishing a self-discipline mechanism for serious breaches of mediation agreements, thereby enhancing the credibility of the mediation process [3]. Section 4: Streamlining Mediation Processes - The mediation process has been optimized to include simplified and standard procedures based on the complexity of disputes, with various mediation methods such as in-person, online, and telephone mediation [4]. Section 5: Cooperation Mechanisms - The association has improved communication and collaboration with courts and arbitration institutions to enhance the effectiveness of mediation agreements and ensure their enforcement [4][5]. Section 6: Introduction of Small Claims Mediation - A new small claims mediation mechanism allows industry institutions to voluntarily agree to mediation proposals for disputes within a certain monetary range, facilitating quicker resolutions [5]. Section 7: Mechanism for Collective Dispute Resolution - A "demonstrative judgment and mediation connection mechanism" has been established to assist in resolving collective disputes, allowing for centralized mediation based on effective court judgments [5].