Support the development of unified capital markets to severely punish crimes in the financial field in accordance with the law

Author:Securities daily Time:2022.07.26

"The Supreme People's Court on Providing Judicial Services and Protection of Judicial Services and Protection for Speeding up the Construction of a Unified Unified Market"

Support the development of unified capital markets to severely punish crimes in the financial field in accordance with the law

On July 25, the Supreme People's Court issued opinions on providing judicial services and guarantees to accelerate the construction of a national unified market (hereinafter referred to as the "Opinions"). There are 30 "Opinions", from strengthening the unified and equal protection of market entities, helping to create unified elements and resource markets, maintaining unified market trading rules in accordance with the law, helping to promote the high -level unified levels of goods and service markets, and effectively maintaining unified market competition order, etc. It is clear that the people's court related work measures are clarified.

Yang Wanming, deputy dean of the Supreme People's Court, said that to accelerate the construction of a large unified market in the country is the basic support and internal requirements for building a new development pattern. In April of this year, the Central Committee of the Communist Party of China and the State Council jointly issued the "Opinions of the Central Committee of the Communist Party of China and the State Council on Accelerating the Construction of the National Unified Market". In order to thoroughly implement the major decision -making and deployment of the Party Central Committee, support and ensure the construction of a unified market in accordance with the law, the Supreme People's Court formulated the "Opinions" in accordance with the actual work of the work.

Guo Li, a professor at the School of Law of Peking University, said in an interview with the Securities Daily that the "Opinions" is the "combination boxing" of the service guarantee that the Supreme Law is required by the party and the state. The "Opinions" focuses on "unity", clearly put forward the "five unifications" work measures, and requires the court to establish corresponding judicial services and guarantee working mechanisms. In addition, the full text of the "Opinions" has a total of 43 "mechanisms", such as improving the appeal and review mechanism of corporate property rights cases, and requiring the establishment of a "government linkage" coordination mechanism for the establishment of bankruptcy work, which reflects all areas of all fields and internal judgments. The comprehensive situation of the forces of external parties.

The "Opinions" proposes to support the development of unified capital markets. Severely punish crimes of manipulating markets, insider trading, illegal fundraising, loan fraud, money laundering and other financial fields in accordance with the law to promote the healthy development of the financial market. Properly review cases such as financial loan contracts, securities, futures transactions and bill disputes, and standardize the investment and financing order of the capital market. In accordance with the law, disputes involving supply chain finance, Internet finance, non -performing asset disposal, and private equity investment funds will be dealt with to prevent and resolve financial risks. Improve new types of disputes such as private equity investment, entrusted financial management, asset securitization, cross -border financial asset transactions, etc., strengthen the study of legal issues such as digital currency and mobile payment, and serve the innovation and development of the financial industry.

Guo Li said, "Opinions proposed to severely punish crimes in the financial field in accordance with the law, properly trial investment and financing cases such as financial borrowings, deal with disputes such as Internet finance in accordance with the law, and improve the rules of new disputes such as private equity investment. The above measures have formed a disciplinary force for financial illegal crimes, further regulating the investment and financing order of the capital market, helping to prevent resolving financial risks, ensuring the innovation and development of the financial industry, and providing a solid judicial guarantee for the healthy development of the capital market. "

Zhou Lunjun, deputy president of the Second Court of the Supreme People's Court, said that the unity of system and rules for the development of unified capital markets is important content. In recent years, the Supreme People's Court has formulated a number of judicial interpretation and judicial policy documents, which are applicable to unified laws, strive to create a rule of law environment that allows investors to rest assured, reduce the institutional cost of capital market financing, and promote the development of a unified capital market.

Specifically, the judicial interpretation of the judicial interpretation of the criminal case of illegal fund -raising criminal cases in a timely manner; studying and formulating the insider trading of the securities futures market, manipulating the judicial interpretation of criminal cases in the market; revising and improving the judicial interpretation of the false statement of the false statement; The high starting point has set up Shanghai Financial Court, Beijing Financial Court, and Chengdu -Chongqing Financial Court is about to be listed.

Zhou Lunjun said that in the next step, the Supreme People's Court will further summarize the trial experience, actively carry out investigations of new types of cases such as asset support securities, cryptocurrencies, and cross -border financial product transactions, effectively protect the legitimate rights of investors, and be the unified capital market in the country. Healthy development provides high -quality judicial security.

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