"The Second Anniversary of the Beijing Financial Court's" Professional Establishment of the Court "has yielded fruitful results, and has escorted the high-quality development of the financial market with a high level of justice

2023-03-29

On December 30, 2022, the first trial of the "Blue Stone Asset" bond misrepresentation case ended. This is the "No. 1 case" accepted by the Beijing Financial Court on the day of its establishment on March 18, 2021. In a rush of two years, the "young" Beijing Financial Court has received a total of 14962 cases and concluded 12766 cases, with a total target value of over 620 billion yuan; A number of important cases in the financial field, such as the first bankruptcy reorganization case of an insurance company in China and the first administrative punishment and preservation case of insider trading by the China Securities Regulatory Commission, are being heard here, setting clear rules of conduct for the financial market. In July 2022, the "Studio for Optimizing the Business Environment" was established at the Beijing Financial Court, which is a collaborative governance platform for the court and the Federation of Industry and Commerce to jointly resolve financial disputes. Extensive multi-level collaboration has been carried out with financial regulators, universities, and other institutions, with the establishment of the Financial Justice Big Data Research (Beijing) Center, and participation in the preparation of the annual meeting of the Financial Street Forum for two consecutive years. The pace of the "rule of law collaboration" of the Beijing Financial Court has become increasingly vigorous. Cai Huiyong, Secretary of the Party Leadership Group and President of the Beijing Financial Court, said that in the past two years since its establishment, the Beijing Financial Court has adhered to the principles of "building a political court" and "establishing a professional court", gathered and trained a group of high-quality financial trial talents, steadily handled a number of typical cases with significance in rule creation, actively promoted innovation in the financial trial system and mechanism, and basically established a framework system for financial rule of law coordination, Conscientiously fulfill the responsibility and mission of "serving and ensuring the implementation of the national financial strategy, creating a good financial legal environment, and promoting healthy economic development". The standardized operation of high-quality trial guidance industry involves a case amount of 500 million yuan, with over 240 copies of evidence materials on file and over 20000 pages. Only pre court meetings and inquiries have been repeated for as many as 13 times. This is the "scale" of the Beijing Financial Court's "No.1 Case" and "Bluestone Asset" bond misrepresentation case. This case is also the first dispute over the liability for misrepresentation in the interbank bond market in China. In order to hear this case, the Beijing Financial Court formed a "luxurious lineup" of a 7-member collegial panel, with Ding Yuxiang, an expert in trial business in Beijing and the head of the first trial court, serving as the presiding judge. Finally, the responsibilities of the lead underwriter bank, accounting firm, and law firm were determined, resulting in a judgment of over 100 pages. After the sentencing of the case, industry insiders generally commented that the judgment has a clear guiding role in regulating the behavior of various participants in the capital market. In February of this year, the Beijing Financial Court ruled to approve the draft reorganization plan of Yi'an Property Insurance Co., Ltd., becoming the first bankruptcy reorganization case of an insurance company in China. The Beijing Financial Court has a clear attitude towards this case and believes that Yi'an Property and Casualty Insurance is expected to improve its solvency through limited investment, which has restructuring value and rescue potential. This ruling effectively maintains the order of the financial market, ensures financial security, and defuses financial risks. It is a vivid case of judicial disposal of financial risks in China. Xue Feng, Vice President of the Beijing Financial Court, told the Legal Daily: "In addition to a large number of civil and commercial cases, a large number of administrative cases, strong sensitivity, and a high level of litigation subjects are a major feature of the Beijing Financial Court. The outcome of the case is not only related to the maintenance of the legitimate rights and interests of the plaintiff in administrative litigation, but also related to the implementation of financial regulatory policies, the prevention and resolution of financial risks, and finance."

Edit:Ying Ying    Responsible editor:Shen Chen

Source:legaldaily.com

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