Full chain blow!Strictly punish securities illegal crimes in accordance with the law, and create a good environment for the rule of law for the capital market

Press conference site

On September 9, the Supreme Prosecutor's Supreme Law, the Ministry of Public Security, and the China Securities Regulatory Commission held a press conference with the theme of "Strictly cracking down on securities illegal crimes to create a good environment for the rule of law for the capital market", introducing the Supreme Law, Supreme Prosecutor, and Ministry of Public Security Ministry of Public Security The various departments of the China Securities Regulatory Commission punish the work of securities crimes in accordance with the law, publish a typical case of strict cracking down on securities crimes in accordance with the law, and answer questions from reporters.

Li Xuehui, a spokesman for the Supreme Procuratorate, introduced at the press conference that the Central General Office and the General Office of the State Council issued the "Opinions on Stringing Securities Illegal Activities in accordance with the law" in 2021, and comprehensively deployed the violations of securities and futures illegal activities. Over the past year, the Supreme Prosecutor's Corporation, the Supreme Law, and the Ministry of Public Security have worked closely to cooperate and condense the rule of law, and handled a batch of major cases in accordance with the law to effectively safeguard the stability of the capital market and the legitimate rights and interests of investors.

5 typical cases

The main type of current securities crime

Zhang Xiaojin, director of the Fourth Procuratorate of the Supreme Procuratorate and director of the Procuratorate of the Securities Supervision and Administration Commission in China, introduced at a press conference that the five typical cases released this time involved illegal disclosure, not disclosing important information, and manipulating the securities market crime , Utilizing the crime of uninterrupted information transactions, the crime of insider trading, and the confidence of the crimes of securities such as the interests of listed companies, covering the common crimes of capital markets and new crimes that have increased in recent years, reflecting the characteristics and trends of the current securities crime, and clarifying the relevant laws. Be applicable.

From 2021 to June 2022

Procuratorate sued a total of 376 crimes of various types of securities

Zhang Xiaojin introduced that the procuratorial organs punished securities crimes severely according to law. From 2021 to June 2022, the national procuratorial organs sued a total of 376 crimes of various types of securities. Among them, 147 people prosecuted from January to June this year, an increase of 93.4%year-on-year. A number of cases of financial fraud, manipulating markets, and insider transactions have been handled by a number of major social influence, forming a high -pressure situation in combating securities crimes.

Continuously improve the procuratorial system and mechanism of securities cases

According to Zhang Xiaojin, the procuratorial organs have continuously improved the procuratorial system and mechanism of securities cases. On September 18, 2021, the Procuratorate of the Supreme Procuratorate was unveiled and established; continued to strengthen the construction of seven securities criminal cases such as Beijing, Tianjin, Liaoning, Shanghai, Chongqing, Qingdao, and Shenzhen to centrally handle cases of difficult and complicated securities crimes; Strengthen the construction of procuratorial organs in a large number of cases in Zhejiang and Jiangsu.

Persist in "chasing and chasing"

Zhang Xiaojin said that the procuratorate protects investors' rights and interests in accordance with the law, adheres to the "chase", and uses a variety of methods such as "one case and double investigation" of money laundering crimes and supporting special representative lawsuits to help investors recover economic losses.

In the first half of 2022

There are more than 400 cases of inspection system handling cases

According to Liu Yongqiang, deputy director of the Evaluation Bureau of the China Securities Supervision and Administration Commission, introduced that in the first half of this year, the ESC's audit system in depth implemented the "Opinions on Stringing Strict Securities' Vegetables in accordance with the law" in depth. More than 60 cases of suspected securities and futures crimes and more than 200 criminal suspects were transferred, and the highest prosecution was copied simultaneously.

January 2018 to August 2022

National Public Security Organ Investigation Office

More than 700 cases of securities futures crimes

Li Bingyang, deputy director of the Economic Crime Investigation Bureau of the Ministry of Public Security, introduced that from January to August 2022, the national public security organs investigated insider trading, using uninterrupted information transactions, manipulating markets, illegal information disclosure, fraud issuance and other securities futures crimes 700 For the rest, I organized the detection of "Kangmei Pharmaceuticals, Kangdexin Financial Fake Cases", "Ye Fei Breaking News Series", "Jiamei Packaging Black Together Case" and other heavy -duty major influences and high social attention. ; Investigating more than 1,400 cases of illegal business securities and futures crimes, it has effectively safeguarded the order of the capital market and protected investors' legitimate rights and interests.

Supreme Law: Trial according to law

"Xu Xiang Manipulating Securities Market Case", etc.

A number of major securities futures crimes

According to Zhu Erjun, the deputy president of the third court of the Supreme Law Criminal Trial. In the past five years, the people's court has concluded that the manipulation of securities and futures markets, insider trading, leaking inside information, and using uninterrupted information transactions. Essence A number of major securities and futures criminal cases such as the "Xu Xiang Manipulating Securities Market Case" and "Iston Manipulated Futures Market Case" were tried in accordance with the law, and they achieved good political, legal effects, and social effects.

Continuously improved and strictly punished securities crimes

Judicial interpretation and judicial policy

According to Zhu Erjun, in June 2019, the Supreme Law Conference formulated and introduced the two criminal judicial interpretations of the Securities and Futures Market and the use of uninterrupted information transactions to further clarify the conviction of guilty manipulation of the securities and futures market and using uninvited information transactions crimes. Standards, effectively implement the spirit of severe punishment of securities and futures crimes, and ensure that the legal and policies are properly implemented.

Supreme Procuratorate Procuratorate of China Securities Regulatory Commission

The work has been carried out around four aspects in one year

In the question of the reporter, Zhang Xiaojin said that since the establishment of the procuratorial office of the China Securities Regulatory Commission in the Procuratorate of the China Securities Regulatory Commission, it has been carried out around the four aspects of cases, construction mechanisms, fixed norms, and strong teams: First, a number of major cases of securities and futures violations and crimes; The second is to strengthen law enforcement and judicial cooperation, jointly combat special actions to crack down on securities crimes, and jointly promote 19 major cases of over -supervision; third, unified law enforcement judicial standards; and fourth, promote the construction of professional teams. New features of securities illegal behavior:

Manipulate market specialization, chain, circleization

Characteristic

When answering the reporter's question, Liu Yongqiang said that from the recent investigation of the Securities Regulatory Commission in accordance with the law, securities illegal acts have the following new characteristics and changes: ① The case of financial fraud illegal information disclosure cases occur from time to time; Highlighting the characteristics; ③ The field of mergers and acquisitions is still the "heavy disaster area" of insider trading.

"Hundred Days Action" since the public security organs

Starting 82 cases of securities and futures crimes

The total value of the case is 1.36 billion yuan

When answering the reporter, Li Bingyang said that since the Ministry of Public Security deployed the national public security organs to carry out the "Hundred Days of Action" in summer public security strikes in summer, public security organs in various places have investigated 82 cases of securities and futures crimes, and the total value of the case is 1.36 billion yuan. 227 people; 89 cases of illegal business securities and futures crimes were investigated. The total value of the case was nearly 100 million yuan, and 102 suspects were arrested.

The people's court is in trial practice

Always adhere to the "zero tolerance" attitude

When answering the reporter, the two army said that the people's court always adhered to the "zero tolerance" attitude in the trial practice and punished securities crimes in accordance with the law. First of all, strictly apply the provisions of criminal law and judicial interpretation, accurately grasp the "serious circumstances" and "particularly serious plot" of securities crimes such as manipulating securities, futures markets, insider transactions, leakage inside information, and using uninterrupted information transactions; While confiscating illegal income in accordance with the law, we will increase the punishment and enforcement of property, and strictly sanction criminals in terms of economics; again, effectively implement the criminal policy of lenient and strictness. Those who recognize the scope and conditions from the width are punished according to law to ensure the unity of legal effects and social effects.

The procuratorial organs take a series of measures

In order to maintain a high -pressure situation of cracking on securities crimes

In the question of the reporter, Zhang Xia Jin said that in order to cope with the new means and new means of securities and futures crimes, the procuratorial organs have adopted a series of measures: ① Strengthening cooperation with the public security organs; ② comprehensively and accurately identify the facts of the case; ③ emphasize the full chain blow; ④ ④ Give full play to case guidance.

Supreme Prosecution: At the same time of investigating securities and futures crimes

Simultaneously review the crime of "black mouth" recommendation stocks

In the question of the reporter, Zhang Xiaojin said that the procuratorial organs will emphasize the full chain crackdown on the futures crime. Adhere to the "two cases and two investigations", while investigating and handling securities and futures crimes, simultaneously review illegal funding, "black mouth" recommendation stocks, money laundering, false audit reports, etc. Black and gray industry chain.

(Text: Sun Rui Picture: Zhong Xinyu)

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