Securities Regulatory Commission and Ministry of Finance: The property of the securities illegal actors is preferred to bear the liability for civil compensation

Author:Dahe Cai Cube Time:2022.07.29

[Dahecai Cube News] On July 29, according to the CSRC, in order to implement the central inspection feedback, practice the people -centered development ideas, promote the priority of civil compensation liability, and effectively protect the legitimate rights and interests of investors. According to the "" The relevant provisions of the Securities Law of the People's Republic of China and the Implementation Rules of the National Vaca Regulations of the People's Republic of China, and other relevant regulations, the Securities Regulatory Commission and the Ministry of Finance jointly formulated the "Provisions on the Priority of the Property of Securities Illegal Owners to undertake the relevant matters of civil compensation liability (hereinafter referred to as" "Regulations"), implemented from the date of announcement.

The "Regulations" publicly solicited opinions from the society from March 11th to April 10th, 2022, and the market evaluation is positive. During the period, a total of 28 feedback was received. The "Regulations" have 14 articles, which mainly include the application entity, application period, application materials, and processing processes. It clarifies the specific working mechanism of the administrative penalties paid by illegal actors to bear the liability for civil compensation.

The principle of priority of liability for civil compensation has stipulated in many areas. The "Regulations" first takes it to land in the securities field, which is of great positive significance for protecting the legitimate rights and interests of investors. The promulgation of the "Regulations" is an important measure to practice the people -centered development ideas, and to carry out the practical activity of "I do a practical work for the masses". It is the actual needs of the legal rights of investors in accordance with the changes in the rule of law environment of the capital market. With the improvement of the "Securities Law" civil compensation system, the introduction of the judicial interpretation of collective litigation of securities, the amendments to the judicial interpretation of false claims, and the implementation of the "Regulations", from the securities trial standards, litigation procedures to the Chinese characteristics of compensation guarantee links The securities civil compensation system is basically formed.

In the next step, the CSRC and the Ministry of Finance will conscientiously implement the requirements of the Regulations, strive to handle good things, and effectively protect investors' legitimate rights and interests.

Responsible editor: Shi Jian | Audit: Li Zhen | Director: Wan Junwei

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