Implementation of Party commitment system in Securities and futures administrative law enforcement

2021-11-30

The State Council recently promulgated the measures for the implementation of the party commitment system for administrative law enforcement of securities and Futures (hereinafter referred to as the measures), which will come into force on January 1, 2022. In order to refine and improve the relevant provisions of the measures, the CSRC announced on November 29 that it would solicit public opinions on the provisions on the implementation of the commitment system of parties to securities and futures administrative law enforcement (Draft for comments) (hereinafter referred to as the provisions). From the perspective of applicable conditions, first of all, the measures clearly stipulates that the implementation of the commitment system of administrative law enforcement parties shall follow the principles of fairness, voluntariness and good faith, and shall not damage the national interests, social and public interests and the legitimate rights and interests of others. Secondly, the Measures specify the time link for the parties to apply for administrative law enforcement, which is from the receipt of the legal documents of case investigation by the securities regulatory authority under the State Council to the decision of administrative punishment by the securities regulatory authority under the State Council. Thirdly, the Measures specify the circumstances where the commitment of the parties to administrative law enforcement is not applicable, including: the parties are sentenced to criminal punishment or administrative punishment for securities and Futures Crimes for less than a certain number of years; Suspected securities and Futures Crimes shall be transferred to judicial organs for handling according to law; Suspected securities and futures violations, serious circumstances, bad social impact and so on. The provisions further specify the applicable conditions, handling procedures, management and use of commitment funds, etc. From the drafting principle, the new law enforcement method of administrative law enforcement parties' commitment is still promoted in accordance with the principle of steady and prudent. The provisions specify that the parties to administrative law enforcement promise to mainly solve cases such as great difficulties in investigation and evidence collection, great difficulties in the application of law, more timely and effective compensation for investors' losses and Realization of regulatory efficiency. The case to which the commitment of the parties is applicable must undergo necessary investigation, and the investigation and trial of the case shall not be suspended after the case is accepted. (outlook new era)

Edit:Ming Wu    Responsible editor:Haoxuan Qi

Source:jjckb.cn

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