The response system of China Merchants Securities is "down": the transaction is entrusted. After the opening of the Shanghai and Shenzhen stock markets, netizens reported on the social platform that there was a system failure in the trading system of China Merchants Securities, and the response system of China Merchants Securities was "down": the transaction was entrusted.
On the morning of March/March/March14th, China Merchants Securities caused a heated discussion due to the failure of the trading system, and the topic of "China Merchants Securities Crash" once rushed to Weibo for hot search.
Relevant persons of China Merchants Securities responded to the interface journalists. After the market opened this morning, all the trading instructions of China Merchants Securities have been transmitted to the exchange system in real time. However, due to the delay of transaction return processing, some customers did not receive the transaction return information in time at the client, which affected the cancellation of the transaction.
He said that he was deeply sorry for the inconvenience caused to customers. "At present, urgent repairs are being stepped up, and the problem has been alleviated. Other functions of the system are normal. "
A senior A-share investor who used China Merchants Securities to trade told the interface journalist: "In the afternoon, the overall experience of China Merchants Securities APP felt better and the transaction was faster, but it has not fully recovered, and there is still a delay, and there is no response to the withdrawal. In addition, the APP always fails to log in. You can log in after the close, which is smoother. "
Cheng Shuxin, the founding partner of Guangzhou Quantitative Fund, told Interface News that there are more than 100 securities companies in China, but the trading system of each company is different, and there are some fault drilling platforms. If it is in a short time, the sudden unbearable traffic will cause the system to crash. Therefore, many brokers, especially large brokers, attach great importance to this kind of fault drill, and the related investment will be more than that of ordinary brokers.
Cheng Shuxin pointed out that the shutdown event may indeed affect the operation of investors. For example, if you don't want buy buy, the stock price will eventually rise; Or want to sell, but did not sell smoothly in time, the stock price fell; Or simply hang up the order, draw up a deal at a certain price, and suddenly feel that this market is not in line with expectations. I want to cancel the bill at this time, but I can't.
A senior institutional person analyzed and pointed out to the interface journalist that the bigger the brokerage firm, the more complicated the system and the more prone to problems. Generally speaking, the development of the trading system is like constantly building new buildings on the old buildings in Gai Lou, rather than tearing them down and rebuilding them. If you find a problem, fix it, but it may lead to problems elsewhere, and it is difficult to find all the problems in the end. He believes that the high probability collapse of China Merchants Securities Trading System is an accidental event.
In fact, investors may be more concerned about the issue of follow-up compensation.
Lawyer Wang Zhibin of Shanghai Minglun Law Firm told the interface journalist that there is a contractual relationship between investors and China Merchants Securities, and China Merchants Securities has a contractual obligation to guarantee investors' free trading. If an investor is unable to trade China Merchants Securities freely, it shall be regarded as a breach of contractual obligations, and the investor may demand compensation for losses.
However, in practice, the difficulty of this kind of litigation lies in two aspects. On the one hand, investors need to prove that they only suffered losses because of this failure, which requires investors to have high proof ability; On the other hand, it is possible for China Merchants Securities to exempt itself from legal liabilities caused by technical failures in various electronic documents through statements. Whether this "exemption" clause is effective or not needs to be judged by combining the specific description and release time of this clause.
Lawyer Zhu Jieping, the founding partner of Tai Kun and the invited researcher of China Policy Science Research Association, told the interface journalist that the user's registration to use the platform trading software essentially belongs to the user signing a use contract with the platform. Specifically, for the securities trading platform, the securities to be traded are essentially a entrusted legal relationship.
He pointed out that this relationship is paid. The user's obligation is to pay the commission, and the platform's obligation is to complete the user's transaction pending order. However, there is a problem with the platform system, which causes the user to fail to hang the bill, or fail to withdraw cash after hanging the bill, which belongs to the platform party's failure to complete the contractual obligations and form a breach of contract.
In Zhu Jieping's view, according to Article 577 of the General Principles of the Civil Law, if a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 929 of the Civil Code stipulates that in a paid entrustment contract, if the client suffers losses due to the fault of the agent, the client may request compensation for the losses. In a gratuitous entrustment contract, if the principal suffers losses due to the intentional or gross negligence of the agent, the principal may request compensation for the losses. If the agent exceeds his authority and causes losses to the principal, he shall compensate for the losses.
Zhu Jieping believes that according to the above-mentioned laws and regulations, the platform party should bear the liability for breach of contract for compensation for losses.
Regarding the specific amount of compensation, Zhu Jieping emphasized that according to Article 582 of the Civil Code: if the performance does not meet the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties. If the liability for breach of contract is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 510 of this Law, the injured party may reasonably choose to require the other party to bear the liability for breach of contract such as repair, rework, replacement, return, price reduction or remuneration according to the nature of the subject matter and the size of the loss.
And Article 584 of the General Principles of Civil Law: If one party fails to perform its contractual obligations or fails to perform its contractual obligations as agreed, causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.
"If there is an agreement, the platform party should compensate the agreed amount. Otherwise, the amount that the platform party should compensate should be determined according to the amount of benefits that the user can obtain when the transaction occurs normally." Zhu Jieping added.
China Merchants Securities Response System "Down": The transaction entrustment is completely completed. This morning, Weibo's "Travel Code Crash" took the first place in hot search, and "China Merchants Securities Crash" also became a topic. Some netizens said that "China Merchants Securities System can't buy or sell and can't withdraw cash" and "the fault can't be solved in an hour". Some netizens said: "I asked the customer service and said it was a system failure in Shenzhen headquarters."
At the close, China Merchants Securities fell 1.88% to 14.58 yuan/share.
China Merchants Securities responded: The problem has been solved.
After the opening of the Shanghai and Shenzhen stock markets, some netizens reported on the social platform that there was a system failure in the trading system of China Merchants Securities, including that the trading page could not be closed and the order could not be withdrawn. Big V, which has more than 3 million fans, also mentioned China Merchants Securities, saying that the card worm card didn't solve the problem for 30 minutes.
Shortly before noon, China Merchants Securities officially responded: "After the market opened this morning, all trading commissions of China Merchants Securities centralized trading system have been transmitted to the exchange system in real time. However, due to the delay of transaction return processing, some customers did not receive the transaction return information in time at the client, which affected the cancellation of the transaction. We are deeply sorry for the inconvenience caused to our customers. At present, we are stepping up emergency repairs, and the problem has been alleviated. Other functions of the system are normal.
Around noon 12, according to the newspaper, the securities affairs representative of China Merchants Securities said that there was a problem with the early trading system. At present, the problem has been solved and the function can be realized.
The reporter of China Business Daily noticed that in July 2020, China Merchants Securities APP had at least 15 minutes of downtime. At that time, China Merchants Securities said that the company was concerned that some customers reported problems in the transaction and immediately conducted a comprehensive investigation. However, no problems were found in the trading system, and the system operated smoothly and normally throughout the day.
The reporter noticed that in order to solve the sudden failure, China Merchants Securities indicated under its official website that our company provided customers with 7*24-hour service through www.cmschina.com in official website, WeChat official account "China Merchants Securities" and mobile APP "China Merchants Securities".
When one of the above platforms or trading methods has a temporary failure or other unexpected situations, please switch to other platforms or trading methods, or call the customer service hotline 95565 for help. Please forgive the inconvenience! We will serve you wholeheartedly as always.
IT is also known that many brokers in Shenzhen have deployed important positions such as IT in advance, and some brokers' technical department personnel have been stationed in the computer room overnight to ensure the information system security under the current Shenzhen epidemic prevention and control policy.
The collapse of the financial terminal trading system is nothing new. The question that investors are most concerned about is who will compensate for the losses caused by this?
202 1,101October 28th, the flush network "crashed", the transaction data could not be displayed, and topics such as "flush collapse" also rushed to the hot search of the day. On the evening of the same day, the flush announced that it had received a warning letter from Zhejiang Securities Regulatory Bureau.
202 1, 12 On February 29th, the Northeast Securities APP transaction crashed at 10, and the "Northeast Securities Crash" was once on the hot search list in Weibo. Northeast Securities subsequently responded that on the morning of February 29th 10, some functions of the company's trading system failed for a short time. After emergency treatment, the fault was eliminated around 10 in the morning and the system returned to normal.
20 19 Due to the interruption of some Internet channel trading systems, Hualin Securities affected the normal business handling of customers, and the CSRC issued a warning letter to Hualin Securities.
China Merchants Securities responded that the system was "down": the transaction commission was completely completed. 3. The IT system of securities firms is not tested by money, but by users.
On the morning of March 14, 2022, many investors reported on the social platform that the trading system of China Merchants Securities collapsed, "can't buy, can't sell and can't withdraw orders".
At noon, some media called China Merchants Securities, and China Merchants Securities responded that "all trading instructions of the centralized trading system have been transmitted to the exchange system in real time. However, due to the delay of transaction return processing, some customers did not receive the transaction return information in time at the client, which affected the cancellation of the transaction. The company is deeply sorry for the inconvenience caused to customers. At present, the company is stepping up repairs, the problem has been alleviated, and other functions of the system are normal. "
According to the screenshots of trading software exposed by investors on social platforms, China Merchants Securities announced that "due to network problems, China Merchants Securities Platform will carry out system maintenance from March 14 to March 12: 00 to March 23:59, during which account opening and asset inquiry will be carried out. Please forgive the inconvenience caused to you. "
Due to the problems in the trading system during trading hours and the recent correction in the A-share market, both the Shanghai Composite Index and the Shenzhen Component Index continued to fall in early trading on Monday, and some investors who could not trade appealed to China Merchants Securities to compensate for the losses on social platforms.
In this regard, industry insiders said that the risk of transaction failure due to errors in the trading system or network has long been considered by brokers, and investors will be given relevant risk warnings at the account opening stage, and the losses can only be borne by investors themselves.
In fact, the column of "Individual Customers-Guidelines for Opening Accounts and Trading-Risk Disclosure" of China Merchants Securities official website gave a risk warning on the above situation.
The company's "Securities Trading Risk Disclosure" shows that "the risks caused by force majeure factors: such as earthquakes, fires, floods, wars and other force majeure factors may lead to the paralysis of the securities trading system;
Uncontrollable and unpredictable system failure, equipment failure, communication failure, power failure, etc. The operation of the securities business department may also lead to the abnormal operation or even paralysis of the securities trading system, so that your trading commission can't close the position or all the transactions, and you will have to bear the losses caused by it. "
At the same time, the first article of the company's online entrustment risk disclosure also points out that "Party A (investor) has read this chapter carefully and realized that online entrustment has all the risks of other entrustment methods because the Internet is an open public network, and at the same time fully understands and realizes that there are the following risks: trading orders may be interrupted, suspended, delayed and data wrong due to Internet data transmission and other reasons".
Before the above events, China Merchants Securities has always been a typical example of the whole industry actively embracing digital finance. The company's 2020 annual report shows that "(the company) adheres to the guidance of science and technology and vigorously promotes digital transformation.
In 2020, the total investment in informatization was 994 million yuan (including human expenditure), a year-on-year increase of 52.22%. The Financial Science and Technology Innovation Fund approved 43 projects with an amount of nearly 654.38+0.6 billion yuan, which fully empowered investment and research, wealth management, customer service, operation management and risk management.
Progress has been made in the construction of a new generation of core business systems based on cloud, and a "new generation unified counter system" has been launched to create a standardized, standardized and intelligent counter business handling process and promote centralized operation. Deepen the capacity building of China and Taiwan, vigorously promote the application of digital employees, promote the capitalization and productization of data, and build BI (business intelligence) business analysis to support management decisions. "
The investment in information technology is 994 million yuan, accounting for 7.33% of the operating income of the parent company of China Merchants Securities in 2065438+2009.
In addition, official website of China Merchants Securities disclosed that in August 20 19, the xFrameworks technical framework independently developed by China Merchants Securities won the third prize of Shenzhen Financial Technology Innovation Award in the 20 18 Shenzhen Financial Innovation Award organized by Shenzhen Local Financial Supervision Administration, with a bonus of 300,000 yuan.
XFrameworks is an enterprise-level application development framework independently developed by China Merchants Securities Information Technology Center, which supports independent research and development in the whole process of system construction of securities companies. It includes five components, namely Athena, Hermes and Zeus, which provide the ability to quickly build applications, provide a stable and available unified access portal for business systems, improve independent research and development capabilities, quickly respond to business needs and support business innovation.
This emphasis on digital finance and strategic planning for information technology transformation may be related to the professional background and work experience of the company's management.
Xiong, president of China Merchants Securities, graduated from Nanjing University of Posts and Telecommunications and Huazhong University of Science and Technology with a bachelor's degree in communication engineering and a master's degree in automation instruments and devices. He used to be the deputy manager of China Merchants Bank Information Center, the manager of the company's computer department, the general manager of the computer center, the general manager of the information technology center and the technical director. From May 20 17 to June 20 18, Xiong served as the chief operating officer of China Merchants Securities and the president of China Merchants Securities from June 20 18.
However, in the final analysis, IT is not the money but the users that are tested by the IT system of brokers.