The China Securities Regulatory Commission and the Supreme People’s Prosecutor’s Office jointly published 12 typical cases of securities violations and criminal investigations of financial fraud in the capital market will intensify

Summary

[La Comisión Reguladora de Valores de China y la Fiscalía Popular Suprema publicaron conjuntamente 12 casos típicos de violaciones de valores y aumentarán las investigaciones criminales de fraude financiero en el mercado de capitales]Typical cases of administrative securities violations include disclosure, market manipulation, and insider trading violations. The three “persistent diseases” that endanger the health and stability of the capital market are all typical cases that have received widespread attention from society and have some social influence, such as “Yamou Co. Information Disclosure Breach, Ltd. “,” Stock Market Manipulation by Liao Mouqiang “, etc. . (Times of values)

On November 6, the China Securities Regulatory Commission and the Supreme People’s Prosecutor’s Office issued 12ValuesTypical crimesCase, Including 6 typical cases of criminal securities offenses and 6 typical cases of administrative securities violations.

6 Typical Cases of Administrative Securities Breaches, Including Information Disclosure Breaches, Breaches and TamperingmarketCase types, such as insider trading and insider trading, mainly target the three “persistent diseases” that threaten the health and stability of the capital market.societyVery worried, has a certain societyInfluenceTypical cases, such as “YamouSharelimitedthe companyDisclosure of information violates the law “” manipulated by Liao MouqiangStock ExchangeAccording to Zheng Xinjian, Director of the Fourth Prosecutor’s Office of the Supreme People’s Prosecutor’s Office, six typical crime cases have three main characteristics: First, they cover current securities.futuresThe main types of crimes reflect the characteristics and trends of current and future value crimes. The second is to demonstrate the functional role of the prosecution bodies by participating in the construction of the rule of law in the capital market. The third is to demonstrate the strict punishment of securities and futures crimes in accordance with the law.attitude。

Regarding the capital market “tumor”, financial fraud, Zheng Xinjian said that the prosecution bodies will follow the “zero tolerance” requirements.Securities lawIn view of the characteristics of the registry system reform, actively work with the securities regulatory authorities and public security bodies to further increase the criminal investigation of financial fraud cases in the capital market and jointly purify the environment Ecological Capital Market First, Increase Financial FraudbehaviorThe full chain of punishment. Financial fraud in the capital market must be strictly prosecuted in the “full chain” according to the law, and both companies and those specifically implementing the fraud must be investigated and sanctioned.company, And he pursued the punishment of the organization and instigated the celebrationshareholder、Real controlAt the same time, we must investigate and sanction intermediary organizations that aid counterfeiting and fully implement “zero tolerance” requirements for illegal capital market crime. Second, significantly increase the illegality of financial fraud in the capital market.costSome cases of financial fraud led to the delisting of listed companies, whichinvestmentThose who have caused great losses and undermined the rule of law and the basis of good faith in the capital market should be strictly investigated for criminal liability. Make full use of relevant criminal law regulations and criminal justice policies to punish financial fraud and pursue criminal liability strictly in accordance with the law. At the same time, through the application of property penalties, financial penalties for financial fraud offenders should be increased to further reflect the basic principle of tailoring crime, liability and punishment.

Administrative sanctions of the China Securities Regulatory CommissionCommitteeThe director of the bureau, Teng Biyan, said that the China Securities Regulatory Commission attaches great importance to strengthening coordination and cooperation between regulatory agencies and judicial bodies such as public security, prosecution and law enforcement.jobsAt the same time, it actively supports the development of criminal justice and civil compensation. The first is to improve the efficiency of the transfer of criminal cases and eliminate all suspicious criminal leads uncovered in the administrative law enforcement process. The second is to make the most of their own advantages and actively support the promotion of judicial interpretations related to the application of criminal, civil and administrative law, the standard of prosecution is promulgated and reviewed, and the capital market governance system should be strengthened.supplyThe third is to actively promote the improvement of civil securities litigation and compensation systems, support investor protection agencies to engage in litigation as representatives in accordance with the law, and promote demonstration trials on securities disputes and futures .mechanism, Improve the efficiency of civil liability.

Zheng Xinjian said that the Supreme People’s Prosecutor’s Office is working with the China Securities Regulatory Commission to carry out a series of works to promote judicial cooperation and law enforcement: First, to consolidate the basis of the rule of law in the capital market. The Supreme People’s Prosecutor’s Office, based on the actual management of securities and future crimes by the prosecutor’s office, presented legislative recommendations to the Legal Work Committee of the National People’s Congress, actively promoted the review of the pertinent provisions on crimes securities and futures in the criminal law of the People’s Republic of China, further strengthened the legal network and increased the cost of securities and futures crimes. The second is to strengthen the normalized collaboration with the China Securities Regulatory Commission and its dispatched agencies in various aspects such as information exchange, consultation and discussion, assistance in case management, and prevention and publicity. The third is to initiate the review of the rules for the presentation and prosecution of securities and future crimes, and adjust some of the rules for the presentation and prosecution that are not adequate for the actual situation of law enforcement and Justice. This will not only severely punish securities and futures crimes, but will also reasonably determine the boundaries between administrative law enforcement and criminal justice.

(Source: Securities Times)

(Responsible editor: DF524)