Recently, the Guangdong Securities Regulatory Bureau, the Guangdong Higher People's Court, and the Guangdong CSI Investor Service and Dispute Mediation Center jointly signed the "Memorandum of Cooperation in Securities and Futures Dispute Litigation and Docking".
According to the "Memorandum", mediation and litigation can be connected in the following ways. First, investors can directly apply to the Mediation Center for mediation if they have a securities and futures business dispute with listed companies and securities and futures agencies in the Guangdong jurisdiction. After the mediation is successful, they can also The local court shall conduct judicial confirmation of the mediation agreement. Second, if the investor has already filed a lawsuit in the court, or the case is in the trial stage, the court can also entrust the mediation center to mediate first after consulting the consent of both parties. If the mediation fails, the court will decide.
It is understood that the Guangdong China Securities Investor Service and Dispute Mediation Center is an investor service public welfare organization jointly funded by the Guangdong Securities and Futures Association, the Guangdong Listed Companies Association and some securities and futures companies in the Guangdong jurisdiction under the guidance of the Guangdong Securities Regulatory Bureau. Provide investors with securities and futures complaints handling, dispute mediation and consulting services.
Since its registration with the Guangdong Provincial Department of Civil Affairs in April this year, the center has mediated nearly 200 securities and futures transaction disputes, recovering more than 300,000 yuan of losses for investors. At present, the Mediation Center has been equipped with 45 professional mediators. After the signing of the memorandum, it is planned to continue to hire 6 more mediators who are familiar with the legal affairs of listed companies, so as to prepare for the mediation of false statements of listed companies in the future.
Relevant information shows that the Guangdong court system is deeply troubled by many cases and few people. The reporter saw from the 2014 "Guangdong Provincial Higher People's Court Work Report" that in 2014 alone, the number of cases accepted and heard by courts across the province exceeded 1 million, and the number of cases concluded per judge exceeded the national average by approximately double the number of cases. The contradiction of fewer people is still prominent. Especially in civil compensation cases involving false statements by listed companies, due to the large number of prosecutors involved, the large amount of subject matter, and the large number of attorneys attorneys, the courts have brought greater trial pressure. The relevant courts also called for the introduction of a pre-litigation mediation mechanism. Divert the number of court cases. It is under this background that the mediation and litigation docking mechanism of securities and futures disputes in Guangdong's jurisdiction came into being.
The relevant person in charge of the Guangdong Securities Regulatory Bureau said that the joint mediation center and the provincial court signed the "Memorandum of Cooperation in Securities and Futures Dispute Litigation and Docking", which is not only the phased achievement of the bureau's long-term vigorous promotion of investor protection work, but also the implementation of the China Securities Regulatory Commission's "fairness at hand" "An important measure of the special event. The Guangdong Securities Regulatory Bureau will further strengthen the business guidance of the mediation center, use the litigation docking platform, give full play to the respective advantages of the regulatory agencies, industry mediation organizations, and the people's courts to provide smoother and more convenient channels for handling securities and futures disputes in the jurisdiction.