The rapid development of China's financial industry has also led to a significant increase in disputes and litigation cases in the financial field. The establishment of special financial courts to deal with financial cases has become an important exploration of China in improving the judicial system in the financial field in recent years.
Recently, the Beijing Financial court ushered in its first anniversary. On March 23, as a summary of the approval and implementation work in the first year of the opening, the relevant person in charge of the Beijing Financial court introduced the work progress since the first anniversary of the founding of the court and introduced typical cases.
Li Yanhong, vice president of the Beijing Financial court, told reporters that with the goal of building a world-class financial court, the Beijing Financial court has made a good start by promoting all work from a high starting point and high standards. Since its first anniversary, the Beijing Financial court has received 6275 cases, including 411 administrative cases, 4476 civil cases, 986 enforcement cases and 402 other cases, with a cumulative target amount of 219.3 billion yuan. We gave full play to the advantages of centralized jurisdiction of financial cases, comprehensively improved the professional level of financial trials, and concluded 3881 cases.
explore new types and trial of difficult and complex cases
Beijing Financial court is the second special court in China to hear financial cases after the establishment of Shanghai financial court in 2018. Just one year after its establishment, it has concluded more than 1000 cases, many of which are major, difficult and complex cases, which is of significance for rule creation and provides a typical demonstration for solving the problems of judicial practice.
According to Li Yanhong, among the administrative cases accepted by the Beijing Financial court, the financial management departments involved in litigation are widely distributed, covering "one bank, two sessions and one bureau", and basically covering all types of financial administrative cases. In civil and commercial cases, new types of financial disputes such as independent letter of guarantee fraud and transaction settlement of overseas securities customers are relatively concentrated, with a high proportion of major, difficult and complex cases, and there are many "first" cases with extensive social impact.
Among them, in administrative cases, the Beijing Financial court has jurisdiction over administrative litigation and non litigation administrative execution cases caused by the performance of regulatory responsibilities by national financial regulatory institutions. Among the ten typical cases announced by the Beijing Financial Court on the 23rd, there are three financial administrative cases.
Specifically, according to Xue Feng, vice president of Beijing Financial court, the first administrative case in the country caused by the restriction of shareholders' rights in the trust field. The judgment of the case found that the restriction of shareholders' rights was an administrative coercive measure, which made a useful exploration to clarify the legal attribute and basis of financial supervision; In the case of confiscation of illegal income, fines and administrative reconsideration by Jiang and others against Xiamen regulatory bureau of China Securities Regulatory Commission and China Securities Regulatory Commission, the judge made an accurate determination of "inside information" based on the professional judgment of law and finance, supported the financial regulatory institutions to perform their duties according to law, and maintained an open, fair and just capital market order; Zeng sued the CSRC for failing to perform the duties of administrative license, regulated the abuse of administrative license application rights and consumption of administrative resources according to law, and maintained the order of administrative license and social public interests.
In civil and commercial cases, there are also many "first" cases with extensive social impact. For example, bluestone assets and Industrial Bank Co.Ltd(601166) and other Securities Misrepresentation liability disputes are the first Securities Misrepresentation liability disputes in the inter-bank bond market in China since the revision of the securities law; Public investors sued LETV, Jia Yueting and other 22 defendants for Securities Misrepresentation liability dispute, which is the first ordinary representative litigation case of securities dispute accepted by Beijing court.
Li Yanhong said that based on the types and characteristics of cases, the Beijing Financial court will improve the quality of handling cases and create high-quality cases as an important guide for trial implementation, issue rules, create a series of system norms such as case management and typical case release, establish rules with trials, promote governance with rules, and comprehensively improve the political, legal and social effects of case handling.
set up "midday and night courts" to facilitate the rights protection of financial consumers
In order to build a dispute resolution mechanism, right relief channels and litigation service system suitable for the characteristics of financial trial, in the past year, the Beijing Financial court explored the construction of a "one-stop" financial diversified dispute resolution mechanism and provided "customized" Judicial Services for financial consumers by setting up "noon and night courts".
According to Li Yanhong, the Beijing Financial court has built a "one-stop" financial diversified dispute resolution mechanism to realize one-stop handling of case filing application, appointment of mediation and case reversal. Strengthen the procedural connection between diversified mediation and judicial confirmation, further shorten the trial cycle and reduce litigation costs. At present, according to the wishes of both parties, a number of cases have entered the diversified dispute resolution procedure, with a cumulative target amount of more than 680 million yuan.
In addition, in view of the fact that most of the parties in financial cases such as bank cards, insurance and entrusted financial management are "office workers", a "noon and night court" is set up to meet the personalized litigation needs of specific groups. Since its operation, the mechanism has heard 153 cases and served 398 people.
In view of the problems that most of the parties to securities cases are small and medium-sized investors, with wide distribution of personnel, high litigation cost and great difficulty in safeguarding their rights, we have developed the "online platform for representative litigation of securities disputes", so that the majority of small and medium-sized investors can query information and register their rights online. At present, the platform has been used in the trial of Securities Misrepresentation liability disputes and other cases of LETV. More than 2000 investors have registered and participated in litigation through the platform, providing convenient and low-cost rights protection channels for small and medium-sized investors and maintaining the stability of the capital market.
