The Securities Regulatory Commission publicly solicited opinions on the "Securities Futures Administrative Law Enforcement Party Commitment System (Draft for Comment)"

2022-04-20 0 Comments

The Securities Regulatory Commission publicly solicited opinions on the "Securities Futures Administrative Law Enforcement Party Commitment System (Draft for Comment)"

  The Securities Regulatory Commission issued November 29th, and the Ministry of Justice will drafted the "Securities Futures Administrative Law Enforcement Party Commitment System (Draft)" (hereinafter referred to as "Measures"), the State Council 148 executive meetings reviewed and published.

In order to refine the relevant provisions of the "Measures", give full play to the system value of the administrative law enforcement parties, the SFC drafted the "Securities Futures Administrative Law Enforcement Party Commitment System Implementation Regulations (Draft for Comment)" (hereinafter referred to as "provisions") and Description and disclose opinions to the society.

  The drafting of "provisions" adheres to the following principles: First, play the system characteristics. Give full play to the commitment of administrative law enforcement parties to systematically characteristics, pay more compensation for investors’ losses, and enhance the feelings and satisfaction of investor groups.

By applying administrative law enforcement parties, the commitment to the parties can be used for compensation investors’ losses, providing investors with new ways to effectively and effective relief, more conducive to the legitimate rights and interests of investors, especially small investors; restore market order as soon as possible , Stabilize the market expectations; effectively improve the law enforcement effectiveness, resolve the "investigation and punishment of the investigation and punishment" and the market demand "investigation and punishment", which effectively supplemented the administrative penalties, and better adapt to the complex regulatory situation.

The second is to steadily prudently advance. For the administrative law enforcement parties committed this new law enforcement method, it is still advancing in accordance with the principle of steady prudentity. On the basis of complying with the previous law, earnestly summarize practical experience, strictly limit the scope of application, refine the improvement procedures to ensure that the new system is smoothly implemented.

The third is to strengthen supervision and constraints. Establish a strict internal and external supervision and restrict system, clarify the division of responsibilities of the parties and investigations, punishment, insure, dispatched agencies, etc., to prevent moral risks and conflicts. "Status" has not been divided into chapters, a total of 23, based on the "Securities Law" "Measures", mainly refine the application of applicable conditions, procedures, procedures, and commitment management. One is strictly limited to the scope of application. On the basis of the negative situation specified in the "Measures", the "provisions" have been further limited from the front, and the administrative law enforcement parties have committed the main solution: the investigation and forensics have more difficulties, and there is more difficulties in law applications, and In order to pay the investor loss in a timely and effectively, it is possible to realize cases such as regulatory efficacy. The second is to clarify the coordination mechanism between the commitment to handle department and investigation and the trial department. The commitment to handle the department to seek the relevant matters to seek the relevant matters of the relevant matters, and the case of the applicable parties must undergo the necessary investigations, and the case is not suspended after the case, and the case trial is suspended.

The third is to clearly commit to handle the department to cooperate with the commitment department. The Insurance Fund is responsible for measuring the loss of investor losses, investigation departments, trial departments, securities futures trading, securities registration and settlement agencies, and investor protection agencies.

The fourth is to specify the investor’s payment mechanism arrangement. The commitment to committing a commitment to develop a commitment to manage the use plan and report the supervision of the supervision, and clarify the parties to compensate the investor procedures and encourage the parties to compensate in investors in advance.

The fifth is to clarify the role of dispatching agencies in the commitment of administrative law enforcement. On the one hand, it is clear that the police station in the jurisdiction of the parties is responsible for verifying the implementation of the parties to fulfill the commitment to recognizing the agreement, on the other hand, it is clear that the cases of the agency investigation can apply the administrative law enforcement parties to the commitment, and at this stage, the department will be unified by the commitment department. Sixth is to strengthen supervision and restrictions, prevent moral risks. Establish a collective decision mechanism, internal supervision and restricting mechanism, compressed commitment to the amount of discussion, and strengthen the disputes of the police station in the process of commitment to perform the verification supervision, requiring timely announcement of relevant information.

  The Securities Regulatory Commission said that all members of the society will welcome valuable advice on the "provisions". The SFC will further revise the "provisions" according to the public demand. (Reporter is beautiful).