Securities commission sets example for other central departments to follow

HUANG WEI, assistant chair of the China Securities Regulatory Commission, appeared in court in Beijing on Tuesday, as a representative of the top securities watchdog in an appeal hearing. Beijing News commented on Thursday:

The commission meted out an administrative penalty to Xintai Electric Company in July last year, because the company was caught trying to obtain qualification to issue securities by misrepresenting its financial status.

Xintai first appealed against the decision in January, claiming the commission had abused its power and infringed upon the company’s legal rights and interests. The court rejected its appeal. This was the company’s second appeal hearing.

However it was Huang’s presence in court rather than the case itself that has caught people’s attention, as this is the first time a senior official of a central government department has been a defendant in an administrative case.

Although the newly revised Administrative Litigation Law enforced since 2015 requires the person in charge of the government departments to appear in court to respond to the plaintiffs’ administrative appeal, no leading officials of a central government department had previously appeared in court.

Huang’s appearance in court has set a good example for the other central departments to follow, as it shows the commission’s respect to the plaintiff ’s legal right to appeal as well as it attaching importance to legal means as the right way to resolve disputes.

Also, Huang, who is familiar with the proceedings of the case and relevant laws, made direct and detailed responses to the company’s claims. His appearance in court is by no means just for the sake of showcasing the commission’s reverence for the law, but the result of the practical situation.