The First Intermediate People's Court of Shanghai Releases the White Paper of Securities and Futures Crime Trial

2024-05-21 09:38 Author: Bu Yu People's Court Daily Editor in charge: Chen Wei

Summary: The white paper shows that over the past decade, Shanghai No. 1 Intermediate People's Court and the courts under its jurisdiction have concluded 209 cases of securities and futures crimes, which are characterized by obvious criminal chains, constantly updated criminal techniques, and increasingly prominent criminal technical characteristics. Representatives and media reporters from the Shanghai Regulatory Bureau of the China Securities Regulatory Commission, the Economic Investigation Corps of the Shanghai Municipal Public Security Bureau, the First Branch of the Shanghai Municipal People's Procuratorate, East China University of Political Science and Law, and some listed companies, securities companies, and fund companies attended the press conference.

The stable and healthy development of the capital market is related to economic and financial security. What attempts has the Shanghai First Intermediate People's Court, as one of the eight "people's court securities and futures crime trial bases" set up by the Supreme People's Court in China, made? Recently, the First Intermediate People's Court of Shanghai held a press conference on the white paper of securities and futures crime trials, and released four white papers on trials involving insider trading, false statements, market manipulation, securities and futures crimes, as well as crimes involving illegal operation of securities and futures, to inform the society of the trial of securities and futures crimes in the past decade, and at the same time, released 15 typical cases, It covers the main types of current securities and futures crimes.

The white paper shows that over the past decade, Shanghai No. 1 Intermediate People's Court and the courts under its jurisdiction have concluded 209 cases of securities and futures crimes, which are characterized by obvious criminal chains, constantly updated criminal techniques, and increasingly prominent criminal technical characteristics. The Court has explored the establishment of four major working mechanisms and achieved some results, namely, the professional trial team mechanism, which focuses on improving the level of trial professionalism; Unifying the mechanism of law, summarizing and promoting the rules of adjudication of similar cases; Cooperate and jointly build a mechanism, and jointly build with administrative supervision departments and industry associations; We will expand the governance mechanism, and actively perform our duties in accordance with the law to ensure the healthy development of the capital market. In view of the problems reflected in such cases, such as the unsound internal control mechanism of listed companies, the negligence and absence of duties of "gatekeepers" of intermediary agencies, and the need to improve the connection mechanism of execution, the First Intermediate People's Court of Shanghai will strive to promote the high-quality development of securities and futures crime trials in the new era by further strengthening enterprise compliance, increasing the intensity of punishment and punishment, and smoothing the access to the system of criminal titles.

Representatives and media reporters from the Shanghai Regulatory Bureau of the China Securities Regulatory Commission, the Economic Investigation Corps of the Shanghai Municipal Public Security Bureau, the First Branch of the Shanghai Municipal People's Procuratorate, East China University of Political Science and Law, and some listed companies, securities companies, and fund companies attended the press conference. After the press conference, the participants held a discussion and exchange around "how to strengthen joint efforts to promote the healthy development of the capital market at this stage". (Bu Jade)

key word: Securities futures, criminal cases, new era securities, securities companies, securities supervision

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