Sino-Singapore Jingwei Client, July 17th, China Securities Regulatory Commission website announcement, in order to regulate the law enforcement of securities and futures administrative punishment, maintain market order, and protect the legitimate rights and interests of relevant citizens, legal persons and other organizations, according to the securities and futures market supervision and enforcement practice On the basis of the "Administrative Punishment Law" and the relevant provisions of the new "Securities Law", the CSRC drafted the "Administrative Punishment Measures for Securities and Futures Illegal Acts (Draft for Comment)" (hereinafter referred to as "Punishment Measures"), which is now open to the public solicit opinions.
There are thirty-nine articles in the "Punishment Measures". The main contents include: First, the investigation conditions and investigation authority for the case are clarified. The "Punishment Measures" stipulates that the Securities Regulatory Commission and its dispatched agencies that are found to be in violation of securities and futures laws, regulations and rules, and meet the relevant conditions, shall file an investigation after approval. At the same time, in order to ensure that the administrative punishment work is carried out smoothly according to law, combined with the new securities law, the law enforcement authority and measures of the CSRC and its dispatched agencies have been further specified and refined, as well as the circumstances and consequences of non-cooperative investigations.
The second is to standardize investigation and evidence collection. The standardization of investigation and evidence collection is directly related to the processing results of cases, which is the key to administrative punishment. The "Punishment Measures" further clarifies the requirements for evidence collection and investigation measures in conjunction with relevant legal provisions and law enforcement practices.
The third is to optimize the review process. Explore diversified and differentiated investigation modes, classify and layer different treatments, and improve the efficiency of investigation and handling of cases.
The fourth is to clarify the execution procedure of execution. Combined with the actual law enforcement, the three modes of "direct criminal transfer", "prior punishment before criminal transfer" and "parallel punishment and criminal transfer" are clarified to strengthen the organic connection between securities administrative law enforcement and criminal justice.
Fifth, implement the system of law enforcement publicity and record of the entire process of law enforcement, stipulate that the entire process of law enforcement should be recorded, and the administrative penalty decision should be disclosed in accordance with the regulations on government information disclosure.
Sixth, strengthen the protection of the rights of the parties and supervise law enforcement personnel.
According to the China Securities Regulatory Commission, the CSRC will further improve the "Punishment Measures" based on the public consultation and implement the procedures after the implementation. (Sino-Singapore Jingwei APP)