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十八届三中全会提出要发挥市场在资源配置中的决定性作用,中国证监会明确要推进股票发行注册制改革,须有证券公益诉讼程序对证券公益进行保护。证券公益的类型包括不特定公众投资者权益以及国家公益、社会公益、市场公益和证券行业公益,根据不同的证券公益类型应分别赋予检察机关、行政机关、行业协会和公民个人以诉权,以保护相应的证券公益,并须配套既判力规则和执行问题以及相关激励机制等具体证券公益诉讼程序的构建,来平衡相关证券公益的保护。
The Third Plenary Session of the 18th CPC Central Committee proposed that the market should play a decisive role in the allocation of resources. The CSRC definitely wants to promote the reform of the registration system for stock issuance and there must be securities public interest litigation procedures to protect the public interests in securities. The types of securities public interest include the rights and interests of non-specific public investors as well as public welfare, public welfare, market public welfare and securities industry public welfare. According to different types of securities public welfare, the procuratorial organs, administrative organs, trade associations and individual citizens shall be respectively entitled to sue for protection Corresponding securities public welfare, and must be accompanied by the res judicata rules and enforcement issues and related incentives and other specific public securities litigation process to build the balance of securities to protect the public interest.