www射-国产免费一级-欧美福利-亚洲成人福利-成人一区在线观看-亚州成人

Global EditionASIA 中文雙語Fran?ais
Business
Home / Business / Finance

Class action suits offer powerful tool to defend against violation of rights

By Zhou Lanxu | China Daily | Updated: 2020-02-25 11:02
Share
Share - WeChat
Investors check share prices at a securities firm in Fuyang, East China's Anhui province, on Jan 21. [Photo by Lu Qijian/Asia News Photo]

The implementation of the revised Securities Law will beef up the confidence of A-share investors and smoothen the shift to a registration-based system, as the law offers small investors a powerful tool to defend against violation of their rights, market experts said.

"The revised law is a breakthrough in that it introduced class action suits into China's securities market," said He Haifeng, a member of the China Law Society's research council.

Class action is a legal proceeding in which one or several plaintiffs can file a lawsuit on behalf of a larger group, known as the class, and penalties paid by the defendant are divided among the class members.

"The system of securities class action, especially its arrangement that investors automatically join the class except when they explicitly opt out, will help redress the long-existing weak link in the protection of investors' interests," said He, who is also a counselor to the Beijing-based Tiantong Law Firm.

The revised Securities Law was adopted on Dec 28 and will take effect on Sunday.

It has established China's framework of securities class action as it added an article that representatives of a class of affected investors, or investor protection institutions entrusted by more than 50 investors, are allowed to file a suit against false disclosures and other civil rights violations on behalf of that class of investors.

The institutions can register the list of affected investors with the court, excluding those who explicitly say they do not want to take part in the lawsuit, according to the revised law.

Previously, A-share investors, the majority of whom are small or individual punters, typically found it too costly to file lawsuits, leaving the task of investor protection almost solely to administrative measures, said Dong Dengxin, director of the Finance and Securities Institute at the Wuhan University of Science and Technology.

The new law has made suing listed firms much easier and will help activate the function of civil action in investor protection, amplifying the deterrent to securities law violations, Dong said.

Besides introducing class action, the revised law also considerably increases the administrative fines against its violations.

It also has a separate section for investor protection and distinguishes ordinary investors from professional ones. It gives the former more favorable conditions in dispute settlement with securities firms to effectively protect the interests of investors, especially small players.

"Protecting the legitimate rights of investors is one of the most important tasks of the capital market, and serves as the basis for sustainable market development," said Wang Jiyue, an independent investment banking analyst.

Liu Yu-Jane, a professor of finance with Peking University's Guanghua School of Management, said that investor protection has assumed greater significance as the country presses ahead with the registration-based system for new share sales.

The system now features stricter delisting rules, and since some firms are expected to be delisted from the A-share market, this could impair the interests of small shareholders of those companies, Liu said.

The China Securities Regulatory Commission, the top securities regulator, vowed in September to establish the system for securities class action with Chinese characteristics, as part of its efforts to strengthen investor protection.

Analysts said the new law acts as the first step for China to establish such a system, although much work remains to be done.

Though securities class action has long existed in mature capital markets such as the United States, replicating US rules in China could lead to abuse of class action, given the differences between the legal systems of the two economies, said He from the China Law Society.

Considering features of China's justice environment, He expected the country's system of securities class action to retain the arrangement that investors could only bring lawsuits after the defendants are fined by the regulator or found guilty by the court.

He added that detailed arrangements such as who will pay the cost of class action lawsuits and related modifications in the Criminal Law may soon be rolled out to enable the practical uses of securities class action.

The China Securities Investor Services Center, the country's major investor protection institution, said it will bring public-interest securities class action lawsuits at a proper time.

The center said it also plans to promote the establishment of a special fund that aims to compensate investors when defendants in class action lawsuits could not fully pay the penalties.

Apart from improving legal and institutional arrangements, Liu said it is also important to step up efforts to educate individual investors and sharpen their investment abilities, better shielding them from potential new risks under the registration-based system.

Top
BACK TO THE TOP
English
Copyright 1995 - . All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form. Note: Browsers with 1024*768 or higher resolution are suggested for this site.
License for publishing multimedia online 0108263

Registration Number: 130349
FOLLOW US
CLOSE
 
主站蜘蛛池模板: 日本加勒比视频在线观看 | 97在线视频免费公开观看 | 亚洲激情视频网 | 一级 黄 色 片免费 一级aaaaaa毛片免费 | 欧美一级做一级爱a做片性 欧美一欧美一级毛片 | 久久黄色一级视频 | 免费成年网| 国产美女做爰免费视频软件 | 国产一区二区三区精品久久呦 | 久久国产视频网 | 亚洲精品亚洲人成毛片不卡 | 国产一级特黄特色aa毛片 | 亚洲国产成人精品一区二区三区 | 一区二区三区亚洲视频 | 三级毛片子 | 最新在线精品国自拍视频 | 男人天堂中文字幕 | 久久伊人操 | 亚洲精品国产福利 | 欧美的高清视频在线观看 | 国产成人精品福利网站人 | 美女又黄又www | 中文字幕视频网 | 亚洲男人天堂2017 | 草草影院ccyy| 亚洲免费色 | 国产一级特黄全黄毛片 | 成人a视频片在线观看免费 成人a视频在线观看 | 成人a毛片手机免费播放 | 亚洲视频综合网 | 欧美aaaaaaaaaa | 最新国产三级在线不卡视频 | 日韩欧美理论 | 欧美一级片在线看 | 亚洲欧美一区二区三区在线播放 | 国产91精品露脸国语对白 | 国产综合成人亚洲区 | 久久成人免费大片 | 91精品啪在线观看国产91九色 | 亚洲清纯自偷自拍另类专区 | 可以免费看黄的网站 |