As Kang Dexin January the happening of incident of debt break a contact, the financial problem making a holiday of this company also is pushed by the market to downstage. It is 1.5 billion debt beak a contract of this company on one hand, cannot cash; There is 15 billion yuan money fund on the Zhang face that is this company on the other hand. The monetary fund that holds 15 billion yuan however cannot cash expires 1.5 billion yuan debt, finance affairs builds false doubt to come because of this.
And as time elapse, this kind of finance affairs of Kang Dexin company makes a holiday also more and more rise to surface. According to the message recently, zhang face shows Kang Dexin and its subsidiary its are in Beijing bank Xidan the deposit remaining sum of subbranch of a bank adds up to 12.2 billion yuan, this deposit is pure belong to child black empty has, the information that Beijing bank respect feedbacks is " this account remaining sum is 0 yuan " . And what mask rear here is capital of this company a huge sum be accused by the company the fact of a partner place embezzlement.
Finance affairs makes a holiday, this is the problem of a long-standing of field of A stock market, also be the one big cancer of field of A stock market at the same time. It harms investor interest badly not only, damage appear on the market company profit, and the development that endangers capital market badly, shake the basis of Chinese stock market. But it is finance affairs builds false problem to be in unluckily field of A stock market advance wave upon wave, grow in intensity. For instance instantly stock market, not only without foundation of one billion four hundred and ten million and sixty-five thousand four hundred and eight deposit disappears, and industry of Kang Mei drug also explodes a 30 billion deposit " disappear without trace " . The financial problem that make a holiday makes a person shocking more and more.
How to administer appear on the market does company finance affairs create false problem? To this problem, the key depends on suit the remedy to the case. Why does field of A stock market appear on the market company finance affairs makes false event consecutive, its are the most important depended on, field of A stock market builds a holiday to fail the measure that punish severely to finance affairs, for instance, the basis is active " negotiable securities law " , appear on the market the company releases false information, punishment carrying case on the head also has 600 thousand yuan only, the top fine of relevant responsibility person also has 300 thousand yuan only, such condemnatory measure cannot be prevented of course appear on the market the finance affairs of the company makes a holiday, instead is to appearing on the market company finance affairs builds a false kind indulgent. Accordingly, want processing to appear on the market company finance affairs makes a holiday, must suit the remedy to the case, increase the condemnatory strength that builds a holiday to finance affairs. Specific say, can begin to give from tripartite face solve, and answer relatively with this, it is to should have done the work that write a law.
It is above all from appear on the market company level increases condemnatory strength. It is appear on the market to be in link undertakes finance affairs makes a holiday, cancel to appear on the market directly qualification, already appeared on the market the enterprise must retreat city compulsively. On this problem, without the leeway of a bit argy-bargy. 2 be to already appearing on the market the company undertakes finance affairs makes a holiday, increase condemnatory strength, start line of punishment not under 5 million yuan, upper limit does not make a provision, inspect clue weight, can punish consummate city till the company goes broke. The company with serious to the financial circumstances that make a holiday, abominable at the same time property, execute retreat city processing compulsively. Let appear on the market the company builds a holiday to pay great price for his finance affairs. If still be 600 thousand yuan punishment carrying case on the head, flinch itch also disrelishs strength namely insufficient.
It is to increase what make the party that the holiday involves to finance affairs to penalize next strength. For instance, to the individual's punishment, floor level can raise 1 million yuan, upper limit can raise 10 million yuan, for this individual to great majority, still have certain awe power. Make false party to involving finance affairs especially, must give at the same time do not ban punishment under market of 5 years, the clue is serious, give lifelong market is banned. Financial personnel involves what make a holiday to finance affairs, lifelong must not pursue financial job. And wait for intermediary orgnaization to protecting Jian, same need revoke its not under 5 years hold job seniority, the party that lets concern and intermediary orgnaization dare not undertake finance affairs makes a holiday.
It is loss of cogent compensation investor thirdly. Appear on the market company finance affairs builds a holiday to be able to give investor to bring a loss directly normally, accordingly, want processing to appear on the market company finance affairs makes a holiday, must recoup investor loss. And the most efficient way introduces collective lawsuit mechanism namely, make more investor OK get compensatory through collective lawsuit mechanism. Current after all individual suit fashion, hampered badly broad in small investor gets compensatory, go against protection broad in the legitimate rights and interests of small investor. And collective lawsuit can recoup investor loss not only, appear on the market to what finance affairs makes a holiday the company also can have awe effect.
