Recently, the Supreme People's Court and China Securities Regulatory Commission jointly issued "Opinions on Comprehensively Promoting the Construction of Diversified Settlement Mechanism for Securities and Futures Disputes" (hereinafter referred to as "Opinions") to vigorously promote the construction of diversified settlement mechanism for securities and futures disputes. Let's learn the main contents of the Opinions together.
The goal of diversified settlement mechanism of securities and futures disputes
Establish and improve an organically coordinated, efficient and convenient diversified settlement mechanism for securities and futures disputes, protect the legitimate rights and interests of investors according to law, maintain an open, fair and just capital market order, and promote the harmonious and healthy development of the capital market.
Working principles of diversified settlement mechanism for securities and futures disputes
Principle of justice according to law
Fully respect investors' right to choose procedures and strictly abide by legal procedures. Mediation shall not violate the basic principles of law, and shall not harm the national interests, social public interests and the legitimate rights and interests of third parties.
Principle of flexibility and convenience
Focus on the actual situation of the dispute, flexibly determine the way, time and place of dispute settlement, make it as convenient as possible for investors and reduce the cost of dispute settlement by the parties. Mediation work should be clear about the time limit for handling, improve work efficiency, and should not be delayed for a long time.
The principle of paying attention to prevention
Give play to the conflict prevention and source management functions of mediation, and promote the spread of healthy investment culture, investment ideas and investment knowledge. People's courts, securities and futures regulatory agencies and mediation organizations should strengthen information sharing to prevent the accumulation and intensification of contradictions and disputes.
Contents of diversified settlement mechanism for securities and futures disputes
Strengthen the management of mediation organizations.
Strengthen the construction of securities and futures intermediary organizations
Standardize the internal management of mediation organizations
Strengthen the construction of mediators.
Mediation agencies accept applications for dispute mediation from small and medium-sized investors free of charge.
Establish a special mediation organization and a special mediator system for securities and futures disputes
Improve the docking mechanism between litigation and mediation
Scope of application of diversified settlement mechanism for securities and futures disputes
Judicial confirmation system of mediation agreement
If one party refuses to perform an effective mediation agreement confirmed by the people's court with clear payment subject and content, the other party may apply to the people's court for compulsory execution.
Implement designated mediation or entrusted mediation mechanism.
If the parties apply for judicial confirmation after mediation is designated by the people's court and a mediation agreement is reached, it shall be accepted by the people's court designated for mediation according to law.
Establish a model judgment mechanism
Establish a small-scale speed adjustment mechanism
Explore the establishment of an uncontroversial fact recording mechanism
Explore the establishment of mediation pre-procedure
Make full use of online dispute resolution to carry out work
Strengthen diversified dispute resolution mechanism to ensure implementation.
Give full play to the function of supervision procedure
Scope of judicial hearing of disputes involved in mediation agreement
Strengthen supervision and support diversified solutions.
Strengthen law enforcement linkage and severely crack down on acts that harm the legitimate rights and interests of investors.
Strengthen funding guarantee and personnel training.
Requirements of diversified settlement mechanism for securities and futures disputes
Establish a diversified settlement and coordination mechanism for securities and futures disputes
Strengthen publicity and investor education.
Strengthen supervision, guidance, coordination and management.