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Direct negotiation mechanism of stock index futures trading disputes
Direct negotiation between the two parties to the dispute is the simplest and most direct way to safeguard rights, which requires the parties to voluntarily perform; If there is any violation, it shall bear the civil legal liability for breach of contract.
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Mediation mechanism of stock index futures trading disputes
Mediation by a third party other than both parties to the dispute is an effective way to solve the dispute. At present, China Futures Association is responsible for mediating trading disputes between investors and futures companies.
The premise of mediation is that both parties to the dispute must voluntarily accept mediation, and either party can withdraw from mediation at any time during the mediation process. The agreement reached through mediation has the same effect as the agreement reached through direct negotiation between the two parties, and has no direct enforcement effect, so the parties need to perform it voluntarily. After the two parties reach a mediation agreement, the futures company will be punished by China Futures Association if it fails to perform it.
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Arbitration settlement mechanism of stock index futures trading disputes
Arbitration refers to a dispute settlement method in which both parties to the dispute reach an agreement before or after the dispute occurs and voluntarily submit the dispute between them to a third party agreed by both parties for arbitration, and both parties are obliged to execute the award. Arbitration must be based on the arbitration agreement of both parties, and the agreement in the arbitration agreement must be clear. Once the award is made, it will take legal effect. If a party refuses to accept the arbitration award, it may not apply to the Arbitration Commission for reconsideration or bring a lawsuit to the court for the same dispute. Arbitration has no procedures such as second trial and retrial.
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Judicial settlement mechanism of stock index futures trading disputes
Litigation, commonly known as "litigation", is a kind of dispute settlement method in which the judicial organs (courts) specially established by the state try disputes between the parties and make final and compulsory judgments. Litigation has strict procedural characteristics, and the court's ruling has direct enforcement effect.
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Complaint reporting mechanism of stock index futures trading disputes
If a futures company is found to be in violation of regulations, it may complain or report to the supervision department of the exchange, the dispatched office of the China Securities Regulatory Commission, the futures department of the China Securities Regulatory Commission and other departments. If it is found that criminals use stock index futures to illegally absorb public deposits or commit fraud and other illegal and criminal activities, they can report to the public security organs.