Strive to make the new seeds of the rule of law grow into towering trees
Author:Supreme inspection Time:2022.09.09
On the afternoon of September 9, a press conference with a theme "Strictly cracking down on securities illegal crimes to create a good rule of law for the capital market" was held at the Supreme People's Procuratorate. At the meeting, the Supreme Law, Supreme Procuratorate, the Ministry of Public Security, and the China Securities Regulatory Commission jointly compiled a typical case of securities crimes in accordance with the law, and introduced various departments to punish securities crimes in accordance with the law.
Recalling September a year ago, the Supreme Prosecutor and the China Securities Regulatory Commission jointly implemented the "Opinions on Strict Campaign of Securities illegal Activities in accordance with the law" of the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council. It is required to establish the procuratorate of the SEC in the China Securities Regulatory Commission.
In the past year, what work has been carried out and what results have been carried out in the procuratorate? In the face of the new features and characteristics of current securities crimes, how does the procuratorial organs respond? How can the procuratorial organs cooperate with and restrict each other with administrative judicial organs, and jointly provide powerful judicial guarantees for the reform and development of the capital market?
There are 30 cases of the Governor of the Supreme Procuratorate, and 273 cases are handed over to the procuratorial organs of various places.
"The system of prosecution handling the case is a new seed of the rule of law sowing to the land of the capital market. It has just taken root in one year." Zhang Xiaojin, director of the Fourth Procuratorate of the Supreme Prosecutor's Fourth Procuratorate and director of the Procuratorate of the China Securities Regulatory Commission, said.
Although it has just taken root, the results have been obvious to all. The reporter learned that since the establishment of the Procuratorate of the Council, there are 30 cases of the Supreme Prosecutor's Supervisor and 273 cases to the procuratorial organs from various places. Guide local procuratorial organs have handled the Kangmei Pharmaceuticals, Kang Dexin, Xizi Island, and North Eight Tao that highly concerned the society. Wait for financial fraud and manipulation market cases.
At the same time, the procuratorate focuses on strengthening law enforcement and judicial cooperation, strengthened the cooperation, cooperation and supervision and restrictions of the cooperation and supervision of the securities regulatory authorities, the public security organs, and the judicial authority, and established and improved the working mechanism of information sharing, consultation consultation, and advance intervention. In September 2021, the Supreme Procuratorate and the China Securities Regulatory Commission launched a special operation to combat securities crimes.
In addition, the Supreme Procuratorate attaches great importance to the formulation of standardized documents, and the relevant departments of the Procuratorate of the Society and the relevant departments of the Ministry of Public Security have carried out the revision of the securities criminal filed cases. At present, the standard has been formally implemented. The procuratorial office of the resident is also amending and formulating documents such as relevant judicial interpretations and guidance.
In addition, the highest procuratorate continuously promoted the construction of professional teams. From July to August 2022, the China Securities Regulatory Commission held a special training for securities and futures business of the National Procuratorate of the country. Level.
From a seed to a tree seedlings, the procuratorial room in the Council has carried out a useful exploration in the process of establishing a new system for the establishment of securities crime cases. "Next, the Procuratorate of the Subtraction will continue to play the advantage of 'residence', cooperate with the securities regulatory and judicial organs to restrict each other, and continuously improve the quality of the case." Zhang Xiaojin said that we must strive to allow this saplings to protect the healthy development of the capital market. Growing into a towering tree.
From 2021 to June 2022, the national procuratorial organs prosecuted a total of 376 crimes of various types of securities
The market economy is the rule of law economy. In June 2021, the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate in the New Era", which was promulgated to perform legal supervision functions in accordance with the law in accordance with the law, serve the high -quality development of the economy and society. Prevent and resolve work "and so on.
Action is the most powerful language. In recent years, the procuratorial organs have conscientiously implemented the deployment requirements of the central government on strengthening the construction of the rule of law in the capital market and strictly cracking down on securities illegal activities in accordance with the law. Improve the institutional mechanism of handling securities crime cases to maintain the security of the capital market.
The reporter learned that 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. Behind such a substantial improvement, the procuratorial organs strictly crack down on securities illegal activities in accordance with the law, and resolutely maintain the determination and strength of the capital market reform and development.
A case is better than a dozen files. "Through the release of the case, the law of the listed company was warned by the directors of the listed company, the employees of the securities institutions and the intermediary agencies should employ and perform their duties in accordance with laws and regulations, and to perform their duties in accordance with laws and regulations, and to violate the law, law enforcement and judicial organs will resolutely punish them in accordance with the law." The joint release of typical cases is to give full play to the guidance, education, and warning role of the case, and pass the clear signal of zero tolerance to the capital market.
The reporter learned that in the typical cases released this time, there are common charges such as insider trading, manipulating the securities market crime, and rare charges such as disclosure of disclosure, not disclosing important information, and memorizing the interests of listed companies. More hidden. For example, in addition to the transaction pull -ups, the manipulation is also combined with information control; in addition to fake accounts, financial fraud also uses false transactions and bill pledge; The hidden way of transferring the assets of the subsidiaries and so on.
In the face of the new means and new situation of securities futures crimes, how can the procuratorial organs improve the quality of the case? The reporter learned that the procuratorial organs continued to strengthen cooperation with the public security organs, give full play to the advantages of the arrest, intervene in investigation in a timely manner, guide evidence, and investigate themselves if necessary to ensure the quality of the case through comprehensive collection of evidence. At the same time, comprehensively and accurately identify the facts of the case, emphasize the full chain blow, give full play to the guidance of the case, and serve the high -quality development of the capital market with its own high -quality performance. Strengthen collaboration and supervision constraints, and provide strong judicial guarantees for the reform and development of the capital market
Promoting the deepening of reform and healthy development in the new era, it is inseparable from the cooperation and supervision of law enforcement judicial cooperation.
"In the first half of this year, the Securities Regulatory Commission's inspection system handled more than 400 cases, and the frequent high incidence of illegal acts in the securities market was effectively curbed. Liu Yongqiang, deputy director of the Securities Regulatory Commission Eilway Board, told reporters that the China Securities Regulatory Commission has given full play to the advantages of the Supreme Procuratorate and the office of the Ministry of Public Security and continued to deepen the work of the securities regulatory authorities and the public security judicial authority. More than 60 criminal cases and more than 200 criminal suspects were copied simultaneously.
"From January 2018 to August 2022, more than 700 cases such as securities futures crimes such as unpopular information transactions, using uninterrupted information transactions, manipulating markets, disclosure of illegal information, and fraudulent issuance were investigated. From more than 1400. "Li Bingyang, deputy director of the Economic Crime Investigation Bureau of the Ministry of Public Security, said that the public security organs have continuously strengthened departmental cooperation and strengthened to communicate with the research of the Securities Regulatory and Prosecutors' departments in terms of execution, information sharing, publicity and early warning, and law. Gradually improve various collaborative mechanisms and effectively exert work together.
"In the past five years, the people's courts have concluded that a total of 229 criminal cases such as the manipulation of securities and futures markets, insider trading, leaking inside information, and using uninterrupted information transactions. It is said that over the years, the Supreme Law has continuously strengthened the coordination with the Supreme Procuratorate, the Ministry of Public Security, and the China Securities Regulatory Commission, strengthened the construction of securities and futures crimes and the construction of trial bases, established and improved the law enforcement and judicial system of violations of securities illegal activities in accordance with the law, and realized it. Administrative law enforcement is seamlessly connected with criminal justice, efficient and smooth, and continuously improves law enforcement judicial efficiency.
A good environment for rule of law is an important guarantee for the healthy, orderly and stable development of the capital market. "In the next step, the procuratorial organs will continue to fully implement the requirements of the 'zero tolerance', work closely with securities regulatory agencies and judicial organs, continue to increase their punishment for securities crimes, protect investors' rights in accordance with the law, and provide powerful judicial judicial justice for the reform and development of the capital market. "Guarantee." Zhang Xia Jin said. (Sun Fengjuan)
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