The four departments jointly released a typical case of securities crimes brightly, "zero tolerance" determination attitude

Reporter Wu Xiaolu

"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. Sales. "On September 9th, at the press conference held by the Supreme Procuratorate United Supreme Law, the Ministry of Public Security, and the China Securities Regulatory Commission, Zhang Xiaojin, director of the Procuratorate of the Supreme Procuratorate and Director of the Procuratorate of the Supreme Procuratorate and the Procuratorate of the Supreme Procuratorate in China Essence

At the meeting, the four departments jointly issued a typical case of five securities crimes. The relevant person in charge of the four departments introduced the punishment of securities crimes in accordance with the law and answered questions from reporters. Liu Yongqiang, deputy director of the China Securities Regulatory Commission, said in a question from a reporter from the Securities Daily that from the recent investigation of cases in accordance with the law, the securities violations have three new characteristics of "financial fraud violation information disclosure cases".

Cover the main type of current securities crime

Zhang Xiaojin said that the five typical cases released this time involved illegal disclosure, not disclosing important information, manipulating the crime of manipulating the securities market. The common crimes in the market and the increase in new crimes in recent years reflect the characteristics and trends of current securities crimes, and clarify the application of relevant laws.

The CSRC stated that these typical cases have the following characteristics: first, the determination of "zero tolerance" to punish securities crimes; second, highlight the work of ensuring the deepening reform center of the capital market; the third is to highlight the joint efforts of securities administrative law enforcement and criminal judicial strike; The fourth is to take into account the social effects of interpretation and guidance of propaganda.

In response to a question from the reporter of the Securities Daily, Liu Yongqiang said that with the in -depth advancement of the illegal work of securities in accordance with the law, the promotion of the securities market was initially curbed, the market ecology continued to purify, and the strict supervision atmosphere was gradually formed. Judging from the recent investigation of cases in accordance with the law, there are three new characteristics of securities illegal acts:

First, the disclosure of financial fraudulent information disclosure occurred from time to time. New models and new models such as supply chain finance and commercial factoring have gradually become "vests" to cover up fraud, and individual cases present a series of development trends. Mass shareholders' funds occupation and illegal guarantee, such as various sets of company funds, seriously damage the interests of listed companies. Enterprises engage in hidden dangers such as securities illegal acts and bond defaults, major illegal forced delisting and other risks.

The second is to manipulate the professionalization of market, chain, and circles. Large shareholders pledge the stocks of listed companies with high proportion, breeding the "pseudo -market value management" bad motivation, and also form a gray -black interest chain with funding agencies, marketing customers, "black mouths" in the stock market, and asset management institutions. The "cloud division warehouse" funding technology, procedural transactions, high -frequency transactions and other informationization and intelligent tools have been upgraded rapidly, becoming a new challenge for abnormal trading monitoring and administrative investigation and evidence collection.

The third is that the field of mergers and acquisitions is still a "hardest hit area" in insider trading. The inside of the "insiders" of the actual controller and the director of the director and supervisor, the inside story of the "insiders of the listed company", the target company and the opponent's executives are also involved in the case, and the inside information management and control are defective. The number of nests and string cases has increased, and the phenomenon of insider transactions in borrowing accounts is more common, and inside trading of damage type occurs.

In order to cope with the new means and new situation of securities and futures crimes, Zhang Xiaojin said that the procuratorial organs took a series of measures to improve the quality and efficiency of the case and improve their duties: first, strengthen cooperation with the public security organs; The facts of the case; the third is to emphasize the full chain blow; the fourth is to play the role of the case.

Building securities crime blowing together

In recent years, the CSRC and the Public Prosecution Law have continuously improved the institutional mechanism of securities criminal cases, established and improved the working mechanism of punishment connection, and conducted comprehensive collaboration in information sharing, case business, talent training, expert assistance, cadre exchanges, etc., to build securities crime crime Strike together.

According to Zhang Xiaojin, the procuratorial organs punished securities crimes in accordance with the law. From 2021 to June this year, the national procuratorial organs sued a total of 376 crimes of various types of securities. Among them, 147 people sued from January to June this year, a year -on -year increase of 93.4%. 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.

On September 18 last year, the Procuratorate of the Supreme Procuratorate was officially established. Zhang Xiaojin said that the establishment of the procuratorial office is the useful exploration of the procuratorial organs to implement the central deployment and establish a new system for the establishment of securities crime cases. Over the past year, the Procuratorate of the Society has worked around four aspects: cases, construction mechanisms, standards, and strong teams.

According to Liu Yongqiang, in the first half of this year, the Securities Regulatory Commission's inspection system adhered to the "zero tolerance" work policy, highlighting the focus of law enforcement, improving law enforcement efficiency, handling more than 400 cases, and the high incidence of violations of the securities market was effectively curbed. The combined effect continues to strengthen, further promoting the capital market ecosystem that has to be trustworthy and trustworthy.

He further introduced that in the first half of the year, the Securities Regulatory Commission's inspection system handled three major characteristics: one was to strengthen the punishment of major cases and enhance the "zero tolerance" law enforcement deterrence; Work coordinated and promoted the joint effort of building securities crimes.

Li Bingyang, deputy director of the Economic Crime Investigation Bureau of the Ministry of Public Security, said that from January 2018 to August 2022, the national public security organs investigated insider trading, using uninterrupted information transactions, manipulating markets, disclosure of illegal information, fraud issuance, etc. For the rest, I organized the detection of "Kangmei Pharmaceuticals, Kang Dexin Financial Fake Cases", "Ye Fei Breaking News Series", "Jiamei Packaging Black Together Case" and other heavy -duty securities criminal cases with high social attention; investigating More than 1,400 cases of illegal business securities and futures crimes have effectively safeguarded the order of the capital market and protected investors' legitimate rights and interests. Zhu Second Army, deputy president of the Third Court of Criminal Trial of the Supreme People's Court, said that in the past five years, the people's courts have concluded that the manipulation of securities and futures markets, insider trading, leaking inside information, and using uninterrupted information transactions, including 329 cases, 335 335 cases, 335 cases. people. At the same time, paying attention to the use of full use of property punishment, and strictly sanction criminals in terms of economics. In the next step, the people's court will further increase the punishment of securities crimes, improve the relevant judicial interpretation, jointly punish securities crimes, resolutely safeguard the security and stability of the national financial market, and promote the healthy development of the capital market.

The Securities and Futures Commission stated that the next step will continue to implement the "Opinions on Strictly Caminated by Securities Illegal Activities in accordance with the law", adhere to the work policy of "zero tolerance", continuously strengthen the work of work with the public prosecutor's authority, and severely crack down on securities illegal crimes in accordance with the law. Give full play to the role of demonstration and education of typical cases, continue to strengthen the "strict" supervision atmosphere, and jointly promote the formation of a good capital market ecology that Chongfa is trustworthy.

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