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Constantly raising jurisdictional objections or even appeals is a means of delaying the time that defendants are used in securities civil rights cases. The Foshan Lighting (000541) claim, which has attracted investors' attention, seems to be unable to escape such an “old-fashioned†plot. 3-15 Consumer Rights Protection Day just passed, "Investment Express" reporter learned from well-known securities rights lawyers, Guangdong Ben Ben Law Firm Director Liu Guohua, who recently received a number of investors from the Guangzhou Intermediate People's Court of Guangdong Province The Jurisdiction Objection Appeal Form submitted by Foshan Electrical and Lighting Co., Ltd.
As a star stock in the securities market, the case of small and medium-sized investors v. Foshan Lighting Securities' false statement liability dispute has received much attention. A number of investors complained about the false statement of Foshan Lighting to the Guangzhou Intermediate People's Court and demanded that the civil compensation be accepted by the court. Foshan Lighting earlier objected to the jurisdiction and requested that the case be transferred to the Foshan Intermediate People's Court for trial by the Guangzhou Intermediate People's Court. The ruling was rejected and Foshan Lighting appealed to the Higher People's Court of Guangdong Province.
Lawyer Liu Guohua said that according to the provisions of the Supreme People's Court on the Trial of Certain Provisions on Civil Compensation Cases Caused by False Statements in the Securities Market, the Foshan Intermediate People's Court has no jurisdiction over such cases, and Foshan Lighting has raised jurisdictional objections and appeals. Undoubtedly to delay the time.
In fact, such a technique can not delay too much time. Article 176 of the Civil Procedure Law stipulates that an appeal case of a judgment of a people's court against a judgment (jurisdiction objection) shall be concluded within three months from the date of filing the second instance. If there are special circumstances that need to be extended, it will be approved by the president of the hospital. If a people's court hears an appeal against a ruling, it shall make a final ruling within 30 days from the date of filing the second instance.
The statute of limitations for this case is still nearly one year, and the trial time for jurisdictional objection appeal is only 30 days. The injured investor can still file a lawsuit against the Guangzhou Municipal Intermediate People's Court for liability misrepresentation.
Lawyer Liu Guohua believes that according to the "Judicial Interpretation", the Securities and Futures Commission penalties and related announcements, investors only need to buy Foshan Lighting stocks from July 15, 2010 to July 5, 2012 (including that day), and If you sell or continue to hold stocks on or after July 6, 2012, and there is a loss of investment balance, you are eligible for the lawsuit.
According to the data, as of now, there have been thousands of investors who filed a lawsuit against Foshan Lighting, and the amount claimed has exceeded 160 million yuan.
"Investment Express" reminds investors that they want to file a civil compensation lawsuit for false statements. The materials that should be prepared in the early stage include: a copy of the investor's ID card, a copy of the shareholder card, and an original stock transaction statement stamped with the seal of the sales department. The first time you buy Foshan Lighting stock print until January 31, 2013), the lawyer will calculate the loss for investors free of charge, if the conditions are met, the next step will be provided.
(This article is reproduced on the Internet. The texts and opinions expressed in this article have not been confirmed by this site, nor do they represent the position of Gaogong LED. Readers need to verify the relevant content by themselves.)
As a star stock in the securities market, the case of small and medium-sized investors v. Foshan Lighting Securities' false statement liability dispute has received much attention. A number of investors complained about the false statement of Foshan Lighting to the Guangzhou Intermediate People's Court and demanded that the civil compensation be accepted by the court. Foshan Lighting earlier objected to the jurisdiction and requested that the case be transferred to the Foshan Intermediate People's Court for trial by the Guangzhou Intermediate People's Court. The ruling was rejected and Foshan Lighting appealed to the Higher People's Court of Guangdong Province.
Lawyer Liu Guohua said that according to the provisions of the Supreme People's Court on the Trial of Certain Provisions on Civil Compensation Cases Caused by False Statements in the Securities Market, the Foshan Intermediate People's Court has no jurisdiction over such cases, and Foshan Lighting has raised jurisdictional objections and appeals. Undoubtedly to delay the time.
In fact, such a technique can not delay too much time. Article 176 of the Civil Procedure Law stipulates that an appeal case of a judgment of a people's court against a judgment (jurisdiction objection) shall be concluded within three months from the date of filing the second instance. If there are special circumstances that need to be extended, it will be approved by the president of the hospital. If a people's court hears an appeal against a ruling, it shall make a final ruling within 30 days from the date of filing the second instance.
The statute of limitations for this case is still nearly one year, and the trial time for jurisdictional objection appeal is only 30 days. The injured investor can still file a lawsuit against the Guangzhou Municipal Intermediate People's Court for liability misrepresentation.
Lawyer Liu Guohua believes that according to the "Judicial Interpretation", the Securities and Futures Commission penalties and related announcements, investors only need to buy Foshan Lighting stocks from July 15, 2010 to July 5, 2012 (including that day), and If you sell or continue to hold stocks on or after July 6, 2012, and there is a loss of investment balance, you are eligible for the lawsuit.
According to the data, as of now, there have been thousands of investors who filed a lawsuit against Foshan Lighting, and the amount claimed has exceeded 160 million yuan.
"Investment Express" reminds investors that they want to file a civil compensation lawsuit for false statements. The materials that should be prepared in the early stage include: a copy of the investor's ID card, a copy of the shareholder card, and an original stock transaction statement stamped with the seal of the sales department. The first time you buy Foshan Lighting stock print until January 31, 2013), the lawyer will calculate the loss for investors free of charge, if the conditions are met, the next step will be provided.
(This article is reproduced on the Internet. The texts and opinions expressed in this article have not been confirmed by this site, nor do they represent the position of Gaogong LED. Readers need to verify the relevant content by themselves.)
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