Portigal please pay attention! This "special" litigation you have to understand
Original title: Stock people please pay attention! This "special" litigation, you have to understand the Securities and Regulatory Commission recently announced that the SME service center accepts more than 50 investors to launch a special representative of the Kangmei Pharmaceutical. The SME Pharmaceuticals’ ordinary representative litigation is transformed into a Special Representative’s lawsuit, which is a special representative of the first securities dispute in my country. This is a landmark incident in the history of capital market, whether it is healthy and legitimate to capital markets, or is of great significance and will have a positive and far-reaching impact on safeguarding investors. my country’s securities market is dominated by small and medium investors. When it is violated by securities, due to very scattered, a single investor claims are small, many small and medium investors often give up the right to relieve rights, do not want to complain, do not want to complain, Can not appear in the phenomenon.
The opening of the special representative of the first securities dispute is open, marking the exploration of cracking these puzzles into the new stage.
Special delegant litigation "special"? Relevant judicial explanations clearly, the representative of securities disputes includes related proceedings caused by false false statements, insider trading, manipulation markets due to securities market. Ordinary representatives refer to a lawsuit against a lawsuit filed on accordance with the relevant provisions of the Civil Procedure and Securities Law, including the representative of the parties in the prosecution of representative lawsuits and the number of people who have prosecuted the characteristics of "expressing joining" as a characteristic prosecution. Special delegant litigation "special"? After the people’s court released the registration of ordinary representatives, the investor protection agency was authorized by 50 or more investors during the announcement, and can participate in securities civil compensation lawsuits according to law. "In order to join, it is clear that exiting" is the characteristics of such lawsuits, which opens the door for damaged investors "hitchhiking". The person in charge of the relevant department of the Securities Regulatory Commission is introduced by the investor protection agency’s legal representative representative, through representative mechanism, professional strength support and litigation cost reduction, etc., can significantly reduce investor’s rights and litigation risks, It is conducive to solving the problem of indictment of the victims, and probably expensive. How does investors participate? The information show that the Special Representative Litigation is launched, and the appropriate investors who meet the following conditions will be included in the plaintiff: from April 20, 2017 to October 15, 2018 (inclusive) Open auction methods, and still holds a Kangmei Pharmaceutical stock after closed on October 15, 2018, and investors with the same type of litigation with the case, but with the "Supreme People’s Court on the trial of the securities market. Some provisions of civil compensation cases "Article 19 The false statements of false statements and the result of damage between the results of damage are not present.
According to the highest law judicial interpretation, the people’s court shall register based on the list of rights registration and settlement agencies determined by the announcement, and included the list of plaintiffs in the representative of the claims and inform all the plaintiffs.
If you have not agreed to the people’s court declaration, it is considered to agree to participate in the representative of the lawsuit.
The entry center will participate in the lawsuit activities on behalf of the investor in accordance with the scope of special authorization. Prior to the first-instance judgment, the investors in the special representative of the "two exit" options have achieved the balance of litigation efficiency and respect for the personal will of investors. First, investors who do not agree to participate in lawsuits or special authorizations, and shall submit an exit application to the court.
Second, in the mediation phase in the lawsuit, after the hearing procedure, investors can still agree to the court to submit an exit application in accordance with the law.
Investors can pay attention to the official website of the relevant case, China Investor Network and the official website of China Investor Network and the official website of the investor network to understand the progress.
How to determine the amount of compensation and the payment period? According to relevant laws and regulations, the civil damages for securities false statements include: investors’ investment difference losses and related commissions and stamps. The loss calculation involves a confirmation of many legal facts and computational standards, and it is necessary to confirm by the court after the party debate in the judicial trial procedure. The court will fully consider the loss of deduction factors, and determine the compensation amount according to law.
With regard to the date of compensation, due to the special representative’s litigation from the beginning to the end of the need to experience a series of litigation activities, the litigation is not equal to the immediate judgment and compensate investors. However, after the judgment of the court, the investor protection agency will assign compensation to each plaintiff through a convenient way of the trading system in the first time.
The entry center is the Securities and Regulatory Commission approved the securities financial public welfare institution, adhere to the public welfare attribute, except for the necessary spending of the special representative of the lawsuit, do not charge any fees. (Editor: Yan Yuan, Xuan Zhaoqiang).