Recently, the Securities Regulatory Commission of the Supreme People's Court and China jointly issued the Opinions on Comprehensively Promoting the Construction of Diversified Settlement Mechanism for Securities and Futures Disputes (hereinafter referred to as the Opinions), vigorously promoting 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 organic, 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. The mediation work shall not violate the basic principles of the law, and shall not harm the interests of the state, the public and the legitimate rights and interests of the third party.
Flexible and convenient principle
Focus on the actual situation of disputes, flexibly determine the way, time and place of dispute resolution, make it as convenient as possible for investors and reduce the cost of dispute resolution 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.
Pay attention to the principle of prevention
Give play to the functions of conflict prevention and source management 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 and prevent contradictions and disputes from accumulating and intensifying.
Contents of diversified settlement mechanism for securities and futures disputes
Strengthen the management of mediation organization
Strengthen the construction of securities and futures mediation organizations
Standardize the internal management of mediation organizations
Strengthen the construction of mediators.
Mediation organizations accept applications for dispute mediation by small and medium-sized investors without charge.
Establish a system of specially invited mediation organizations and specially invited mediators for securities and futures disputes
Improve the docking mechanism of litigation and mediation
Scope of diversified settlement mechanism of securities and futures disputes
Judicial confirmation system of mediation agreement
If one party refuses to perform a valid mediation agreement with a clear payment subject and content confirmed by the people's court, the other party may apply to the people's court for compulsory execution.
Implement the appointed mediation or entrusted mediation mechanism.
If mediation is appointed by the people's court and a mediation agreement is reached, and the parties apply for judicial confirmation, it shall be accepted by the people's court appointed for mediation according to law.
Establish a model judgment mechanism
Establish a small-scale speed adjustment mechanism
Explore the establishment of uncontroversial fact recording mechanism
Explore the establishment of mediation pre-procedure
Make full use of online dispute resolution to carry out work
Strengthen the diversified dispute resolution mechanism to ensure the implementation
Give full play to the function of supervision procedure
Scope of judicial hearing of disputes involved in mediation agreement
Increase supervision and support for 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 for diversified settlement mechanism of securities and futures disputes
Establish a diversified solution and coordination mechanism for securities and futures disputes
Strengthen publicity and investor education.
Strengthen supervision, guidance, coordination and management.