1992 10 In June, the State Council established the State Council Securities Commission and China Securities Regulatory Commission.

1in April, 1998, according to the institutional reform plan of the State Council, it was decided to merge the the State Council Securities Commission and the China Securities Regulatory Commission to form a ministerial-level institution directly under the State Council.

In laws and regulations, you can often see "securities supervision and management institutions", mainly to facilitate the description of legal provisions and avoid amending the law because of the change of the name of the institution.

On the other hand, there was an institution called "the State Council Securities Regulatory Commission" in the early days, while the China Securities Regulatory Commission was established later.

Extended data:

1. In order to ensure the securities regulatory agency to perform its statutory duties smoothly, the securities regulatory agency has the right to take the following enforcement measures: Article 168 of the Securities Law specifically stipulates that,

1. Enter the place where the illegal act occurred to investigate and collect evidence. In view of the fact that this clause does not use the concept of "illegal place" but uses the word "illegal place", strictly speaking, this clause only refers to the place or place where illegal acts occur, such as the business premises of securities companies engaged in illegal transactions, and should not include the place where illegal acts occur.

2. Ask the parties concerned and the units and individuals related to the investigated events, and ask them to explain the matters related to the investigation. In the process of inquiry and investigation, the parties concerned and the units and individuals related to the investigated events shall give assistance.

3. Consult and copy the securities trading records, registration and transfer records, financial and accounting materials and other relevant documents and materials of the parties and the units and individuals related to the investigated events; Documents and materials that may be transferred or concealed may be sealed up.

It is worth noting that securities transaction records, registration and transfer records, financial and accounting materials and other documents are not only the proof documents about a certain fact, but also the carrier of property rights. Securities regulatory agencies can seal up documents only if they may be transferred or hidden, but it does not affect the ownership of materials and documents.

4. Inquire about the capital account, securities account and the units and individuals related to the event under investigation. If there is evidence to prove that there are signs of transferring or concealing illegal funds and securities, it may apply to the judicial organ for freezing. This is about "the right to inquire" and "the right to freeze suggestions". The provisions of this article on freezing the right to make suggestions are the most important.

According to the regulations,

(1) The securities regulator only has the right to propose freezing, but has no right to directly freeze illegal funds and securities, that is, the securities regulator has no right to take compulsory measures;

(2) The premise of freezing the right of proposal is to prove that "illegal funds and securities are transferred or hidden", rather than knowing that the violator will transfer or hide funds and securities. As for what constitutes the above-mentioned illegal acts, it depends on the specific environment;

(3) In view of the strong liquidity of the securities market and the high risk of securities investment, the requested judicial organ only needs to formally review the reasonable application of the securities regulatory agency and has no right to refuse or delay the freezing measures.

According to the provisions of Article 17 1 of the Securities Law, when the securities regulatory agency performs its duties according to law, the units and individuals under inspection and investigation shall cooperate, truthfully provide relevant documents and materials, and shall not refuse, obstruct or conceal them.

2. the State Council Securities Regulatory Authority shall perform the following duties in the supervision and administration of the securities market:

(1) Formulate rules and regulations for the supervision and management of the securities market according to law, and exercise the power of examination and approval according to law;

(2) To supervise and manage the issuance, listing, trading, registration, depository and settlement of securities according to law;

(3) To supervise and manage the securities business activities of securities issuers, listed companies, stock exchanges, securities companies, securities registration and settlement institutions, securities investment fund management companies and securities service institutions according to law;

(4) Formulating qualification standards and codes of conduct for securities practitioners according to law, and supervising their implementation.

(five) to supervise and inspect the information disclosure of securities issuance, listing and trading according to law;

(six) to guide and supervise the activities of the securities industry association according to law;

(seven) to investigate and deal with violations of laws and administrative regulations on the supervision and administration of the securities market according to law.

(eight) other duties as prescribed by laws and administrative regulations.

The State Council's securities regulatory body may establish a supervision and management cooperation mechanism with securities regulatory bodies of other countries or regions to implement cross-border supervision and management.

References:

Baidu encyclopedia-securities supervision and administration organization

Baidu Encyclopedia-China Securities Regulatory Commission