China Securities Regulatory Commission Rules Of Administrative Punishment Hearing

Original Language Title: 中国证券监督管理委员会行政处罚听证规则

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  First article to specification Securities Futures illegal case of administrative punishment hearing program, guarantees and supervision China Securities supervision Management Committee (following referred to China SFC) and sent institutions law implementation administrative punishment, maintenance citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative punishment method, and People's Republic of China Securities method, and People's Republic of China Securities Investment Fund method and futures trading Management Ordinance, legal, and administrative regulations about provides, developed this rules.

Article II Agency of the China Securities Regulatory Commission and the organization before making an administrative penalty hearings, these rules shall apply.

Article III hearing of the China Securities Regulatory Commission and its local organizations should follow the principles of fairness, openness, and protection of the rights of the parties.

Avoidance system in the fourth hearing according to law. The presiding hearer, hearing officers think they have an interest in the case or had other relationships may affect the fair, shall voluntarily withdraw.

Parties have an interest in hearing, hearing officer in the case or had other relationships may affect the fair, is entitled to apply for hearing and hearing person orally or in writing to avoid. The Parties applying for withdrawal shall state the grounds, made before the hearing begins; withdrawal cause know after the hearing began, can also be presented at the hearing before the end of the debate.

Was requested to withdraw officers before a decision shall suspend participation in the hearings of the case, but the case except for the need to take urgent measures.

Withdrawal of the presiding hearer, hearing, organized by the China Securities Regulatory Commission is responsible for the hearing Department head or head of agency decisions; others avoided, decided by the hearing officer.

The provisions of this article apply to clerks, interpreters, expert witnesses. Fifth article China SFC or its sent institutions intends on party made following a items or a items above administrative punishment of, should in to party served of administrative punishment prior told book in the contains Ming party enjoys requirements hearing of right: (a) ordered stop issued securities; (ii) ordered closed reorganization; (three) suspended, and revoked or revoked securities, and futures, and fund related business license; (four) suspended or revoked served qualification, and practitioners qualification; (five) on personal confiscated business income, and confiscated illegal proceeds, and fine,

Individually or in total more than 50,000 yuan (vi) on units with business income, the confiscation of illegal gains, fines, individually or in aggregate more than 300,000 yuan, (VII) legal and administrative rules and regulations or the China Securities Regulatory Commission and its agencies think can be heard in other circumstances.

Sixth article except for the following cases, the hearing be held in public as follows: (a) the case involves State secrets, business secrets or personal privacy, (ii) cases involving securities, futures prices have a significant impact on information has not been made public, (iii) in other cases provided by law. Article seventh party to request a hearing, shall, prior notification of the administrative punishment hearing request served in the 3rd.

Party hearing request fails, waived a hearing rights.

Administrative penalty involving multiple parties, part of the party to give up rights of hearing, without prejudice to the other party to request a hearing.

Eighth in the same case, in line with the provisions of this rule fifth client to request a hearing, prior notification of the other party may be in the administrative punishment within 3rd together after the service to the hearing of the application, whether to approve the local Office of the Commission or by any of its decisions.

Nineth CSRC or its agency shall organize the hearing and serve a notice of the hearing to the parties before the hearing on 7th.

Hearing notice should contains Ming following matters: (a) held hearing of time, and locations; (ii) hearing host, and hearing member and clerk list; (three) party in hearing in the of right and obligations; (four) held hearing of program; (five) China SFC or its sent institutions specified of hearing contact people and contact way; (six) other should contains ming of matters.

Tenth party justified, shall, after receipt of the notice of the hearing in the 3rd postponed the hearing of an application made in writing, whether to approve the local Office of the Commission or by any of its decisions.

11th article party in hearing program in the enjoys following right: (a) personally participate in hearing, or delegate 1 to 2 name agent participate in hearing; (ii) in hearing held Qian written withdrawn hearing application; (three) in hearing held Qian to China SFC or its sent institutions application check out intends on its made administrative punishment decided by according to of evidence; (four) according to this rules fourth article of provides application related personnel avoided; (five) according to this rules tenth article of provides application extension held hearing;

(Six) with related personnel as witnesses to hearing site for its testified; (seven) on case facts finds, and legal applies, and punishment range, for statement and defence; (eight) on case survey personnel proposed of evidence for quality card, and proposed new of evidence; (nine) and case survey personnel for debate and for last statement; (ten) legal, and administrative regulations and regulations provides of other right.

12th China Securities Regulatory Commission or its agency agreed to subject access evidence application, the parties and their representatives can check out concern me evidence of administrative penalty in accordance with regulations, that involve State secrets, business secrets and personal privacy exception.

13th article party in hearing program in the should perform following obligations: (a) on time attended or delegate agent attended hearing; (ii) truthfully statement case facts and answered questions, proof objective, and real; (three) comply with hearing discipline, obey hearing host of requirements; (four) hearing end Hou, in confirmed correct of hearing record Shang signature or sealed; (five) on informed of national secret, and commercial secret and personal privacy should to confidential; (six) legal, and administrative regulations and regulations provides of other obligations.

14th before the hearing, the parties and their representatives can offer China Securities Regulatory Commission or its agency to submit observations and evidence of statement and averment. 15th article China SFC and sent institutions should guarantees party full exercise in hearing in the of the right, perform following duties: (a) Organization held hearing; (ii) to party served hearing notice; (three) on party check out evidence application made decided; (four) decided avoided, and extension held hearing, and suspended hearing, and terminated hearing, program matters; (five) received and review party and agent submitted of statement defence views and evidence; (six) legal, and

Shall perform other duties provided by administrative rules and regulations.

16th article hearing according to following program for: (a) hearing began Qian, by clerk identified party and agent, and case survey personnel, hearing participate in people whether scene, and announced hearing discipline; (ii) hearing host check hearing participate in people, announced attended hearing of hearing Member, and clerk list, told hearing participate in people in hearing in the of right obligations, asked party and agent whether application avoided; (three) hearing host announced hearing began, announced case; (D) party against the investigation officer of the case facts, evidence, and administrative punishment recommendations (v) parties and their agents to make statements and to defend themselves, and to relevant facts, reasons, and evidence (vi) parties and their agents and investigators of the case sides of relevant evidence by cross-examination.

With the hearing officer's permission, the parties may put questions to witnesses, experts, (VII) the parties and their representatives and investigators of the case sides debated with the hearing officer's permission, both sides can ask questions; (h) the parties and their agents to make final statements; (IX) the hearing officer announced the end of the hearing.

During the hearing, the presiding hearer, hearing to the investigators of the case, the parties and their representatives, witnesses, experts and other questions, the personnel shall answer truthfully.

17th article has following case one of of, extension held hearing: (a) for force majeure led hearing cannot regular held of; (ii) party and agent hearing began Shi application avoided reason established, and for cannot rates replaced was application avoided personnel led hearing cannot regular held of; (three) party and agent people application extension held hearing, and has due reason of; (four) China SFC or its sent institutions think need extension held hearing of other case.

Apart from the parties and their agents to apply for postponement of hearing and agreed from the China Securities Regulatory Commission or its agency postponed the hearing should be informed of the reasons for the party.

Postponed hearing cases eliminated, the China Securities Regulatory Commission or its agency shall organize the hearing.

18th article has following case one of of, suspended hearing: (a) party and agent people in hearing process in the proposed of avoided application reason established, and for cannot rates replaced was application avoided personnel led hearing cannot continues to held of; (ii) party and agent people for not resist of causes, cannot continues to participate in hearing of; (three) for not resist of causes, led hearing cannot continues to held of; (four) other should suspended hearing of case.

Suspension hearing cases eliminated, the China Securities Regulatory Commission or its agency shall organize the hearing.

19th article party and agent people has following case one of of, China SFC or its sent institutions can terminated hearing, and will related case records put on: (a) written withdrawn hearing application of; (ii) no due reason not attended hearing of; (three) without hearing host allows midway exit of; (four) serious violation hearing discipline, was hearing host ordered exit of; (five) other meet terminated hearing of case.

Some of the litigants and their representatives are terminated for this hearing, without prejudice to other parties and their agents continue to exercise their right to hearing.

20th in the course of the hearing, hearing of the participants in the hearing, attend their personnel shall abide by the discipline to ensure hearing ordered.

Hearing on violation of the hearing order of discipline, prevent hearing officers have the power to stop, a verbal warning, if the circumstances are serious, can be ordered to leave. 21st shall make a written record of the hearing. Hearing transcripts should be handed over to the parties and their agents on the spot, witnesses and other persons concerned to confirm correct signature or seal. Stakeholders believe that the records of their own statements of any omission or mistake, the right to request correction.

Related person refuses to sign or seal, the China Securities Regulatory Commission or its agencies shall be noted in the hearing record.

22nd the end of the hearing, the parties and their representatives should be stated defence and relevant evidence submitted to the China Securities Regulatory Commission or its agency.

23rd after the close of the hearing, the China Securities Regulatory Commission or its agency made by a party should be facts, reason and evidence, review, establishment of the facts and reasons put forward by the parties, should be adopted.

The China Securities Regulatory Commission or its agency hearing shall be in accordance with the review in accordance with the People's Republic of China article 38th of the provisions of the law on administrative punishment, on the parties to the decision.

The China Securities Regulatory Commission or its agency shall not be a party to plead and hearings and aggravating.

24th the CSRC and its agencies hold hearings without charging fees from the parties.

Commissioned agents, witnesses at the hearing by the parties the costs and other one's own spending, by the parties themselves.

25th the CSRC and its agencies is intended to market entry measures taken by the parties, a party may request a hearing, the hearing process with reference to the provisions of these rules.

The China Securities Regulatory Commission and its agencies how to take the cancellation of business licenses, closing branches and other major regulatory measures, decision on my application the parties feel the need to organize hearings or hearings, the hearing process with reference to the provisions of these rules. During the 26th article of the rules to date.

During the day, not counting the period.

Period expires on the last day of a holiday, and holidays during the first day after the expiration date. The 27th article of the rules come into force on December 4, 2015. The China Securities Regulatory Commission rules of administrative punishment hearing (securities law (2007), 8th) repealed simultaneously.

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