Rule of Law Assists the Healthy and Stable Development of Finance
2023-04-06
Finance is the core of modern economy, which is related to development and security. The establishment of financial courts is an important measure to ensure the implementation of the national financial strategy, create a good financial legal environment, and promote the healthy development of the economy. At present, China has set up three financial courts to exercise centralized jurisdiction over financial cases, promote the reform of the financial trial system and mechanism, and improve the professional level of financial trials. How can specialized financial trials promote financial services for the real economy, help prevent and resolve financial risks, and safeguard the high-quality development of the financial industry? Recently, the reporter went to the Beijing Financial Court for an interview. Professional Referee, Standardizing Financial Order. On December 30, 2022, the first instance of the "Blue Stone Asset" bond false statement case fell to the ground. This case is the "No. 1 case" accepted by the Beijing Financial Court after its establishment, and it is also the first nationwide dispute over liability for misrepresentation in the inter-bank bond market. The dispute originated in 2016 when a group company issued 500 million yuan of ultra short term financing bonds, which were successively purchased and held by funds managed by Blue Stone Asset. However, after the maturity of the financing bonds, the group company was unable to repay its principal and interest, and was also ruled bankrupt and reorganized by the court. There is no hope of returning to the original value, and the investment amount is huge. How can we recover the loss? Bluestone Asset believes that there are false statements in the disclosure of financing bond issuance information, which led to its purchase of "junk bonds". The accounts receivable of 500 million yuan used for guarantee do not exist at all! "Blue Stone asserts that the main underwriter of the bond, a certain bank, as well as service agencies such as law firms, accounting firms, and credit evaluation companies, failed to fulfill their diligent and responsible review obligations and should bear joint and several liability. The financial market is highly sensitive. Although Case 1 is difficult and highly specialized, it involves the determination of false statements in bond issuance, as well as the determination of the obligations and liability boundaries of issuers, investors, and various service institutions in the interbank bond market, which has attracted widespread attention from society. "Ding Yuxiang, the presiding judge of the case, said that the court determined responsibility based on the degree of fault of all parties. "False statements disrupt the price formation mechanism of the securities market, and the interests of the market, investors and even listed companies will be harmed." Ding Yuxiang said that the more than 100 page judgment of the "No. 1 Case", which promotes the clarification of the standards for the diligent and responsible obligations of intermediary service agencies, can force intermediary agencies to keep a good check, fulfill their "gatekeeper" obligations, effectively regulate bond issuance and trading, and maintain the order of the bond market. In administrative litigation cases, the role of "handling typical cases and promoting solutions" in promoting the healthy and orderly development of the financial market is more obvious. The case where Huang and Chen jointly manipulated the securities market and were subject to administrative penalties is an example. The two of them jointly manipulated the securities market, affecting the trading price and volume of a certain stock. The China Securities Regulatory Commission imposed penalties such as confiscation of illegal gains and fines, and imposed a 5-year market ban on each of them. The two people were dissatisfied and filed lawsuits separately regarding the relevant penalties. "The perpetrator who manipulates the securities market should be punished according to law," said Chen Lianggang, presiding judge of the Third Trial Division of the Beijing Financial Court. In this case, the two individuals jointly committed illegal activities of manipulating the securities market, but the regulatory authorities have some unclear facts regarding the determination of the illegal gains of both parties. Beijing Financial Court made a judgment on this case
Edit:Ying Ying Responsible editor:Jia Jia
Source:People.cn
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