China Baoan and securities dealers who are lying the graphite ore event triggered a big discussion

One side is the capital market famous old listed company Bao ' An (20.62,0.24,1.18%) (000009), on one side is ping an securities, Xiang Finance securities, Guotai and other brokerages, in the whole "graphite mine incident", in the end who is lying? Who is responsible for the losses suffered by small and medium investors?　　From one months, the stock price rose 80% to March 15 issued no graphite ore "clarification notice", "graphite ore incident" behind not only investors lost money, but also the integrity and moral torture. Recently, many readers called the "Mass securities newspaper", saying that they have suffered heavy losses in the "graphite ore incident", but do not know who should go to the claim. "In February, I saw a lot of resource stocks rising, and I wanted to buy some resources to fight inflation," he said. I noticed China Baoan, "Anhui Suzhou investor Liu told reporters:" A lot of research reports that China Baoan subsidiary has a large number of graphite ore, and gave a ' strongly recommended ' rating, gave me the confidence to buy the unit.　　After that, Liu Lu continued to buy 3000 shares of Bao ' an in China. March 15, China Baoan issued a clarification notice that the company currently does not have graphite mineral Resources, the subsidiary of the company's use of graphite raw materials mainly from procurement. In addition, China Baoan in the announcement also specifically mentioned that the other companies related to the disclosure of graphite ore should be reconciled with the company, and the company notice as the subject. It is worth mentioning that in the previous one months, in many brokerages "graphite ore" concept of the pursuit of sound, China Baoan stock has risen 80%. "Originally I want to do long-term, see China Bao ' an clarification notice after the cut meat off the field." "Mr. Liu angrily said:" Our small and medium investors have been cheated, but do not know who is ' fooled ' us, want to use legal weapons to defend rights, do not know who to find. "The reporter learned that the recent Hunan Treasury Securities published a letter of clarification, clearly indicated that the information in the research report from China Baoan and its subsidiaries published information. "China Baoan clarified, brokerage also clarified, this is not mutual buck?" Who will help us to conduct justice for the small and medium shareholders who have been lost? A Zhejiang investor told reporters.　　For this matter, the reporter interviewed a number of experts and industry insiders.　　Why did the company not immediately clarify? Wanguo A researcher: The practice of other securities research institutions I do not know, but we asked the researcher in the release of the listed companies before the report, the first to the company's field research and communication with the company's senior executives, back after the report will be reported to the audit, the final release, otherwise it is to Shing For the company there is no graphite ore, how could such a big thing be nonsense? And so many brokerages still "fabricated"?　　In China Baoan and brokerage, there must be one side lying. I am personally concerned about the details of the brokerage research report published about January, while the China Baoan clarification notice in March. If the agency report is wrong, why not the first time to clarify, but wait until two months after the clarification of the publicTell？ It's not just about honesty. Dongdengwen, director of the Institute of Finance and Securities, Wuhan University of Science and Technology (blog) Professor: the stock market, investors between true and false news, this is a very normal thing.　　However, if there are some important news from the hands of the brokerage, or even directly from the listed company's indirect release, then, this is not only a professional ethics and business integrity issues, but is suspected of illegal crime. All must have evidence, not to speculate.　　If the matter is really suspected of some securities companies intentionally make false news, or the listed company collusion information fraud, then in addition to the legal penalties, investors can also be responsible for the relevant agencies and individuals to investigate civil liability, to claim compensation for losses. It's not over yet. Prementrual Associate Professor, Nanjing University School of Engineering Management: in law, the establishment of a criminal act has a causal element. At present, the principle of evidence in our country is "who advocates the proof", in other words, it is very difficult for investors to cite the strong evidence that they have bought a company's shares by looking at So-and-So's research report. But if you can prove that the data from the research report really comes from a listed company, then this is a false insider information.　　The liability of the Parties may be held in accordance with the Penal Code and relevant laws and regulations with respect to the conduct of the manufacture or dissemination of false information with certain consequences. Although there is no direct evidence, many experienced investors have spread the view that many of the stock market speculation is often listed companies and makers of the cooperation, such as "loss to surplus today" approach, that is, the use of retrospective adjustment method, desperately increase the retrospective investigation of these measures, in the past year to extract a large amount of asset impairment preparation, Resulting in huge losses of the year, for the next year easy to turn over to provide convenience, or the use of impairment of assets to postpone or early loss, typical performance for an annual large losses, and then back again.　　In this way, the company's performance loss share price performance for the decline of the wash, easy to profit and become a reason to pull up later. From the announcement of Bao ' An in China, it seems that there is no total denial, only that the results are uncertain.　　Therefore, there is no graphite ore problem can not be the final conclusion, "Graphite ore event" is not over. Suggest to report to the supervisory level associate Professor Zhangli of Nanjing University Law School: The Securities Act stipulates that the securities service institutions and their employees shall be prohibited from making false statements or misleading information in securities trading activities.　　Disrupting the stock market, the Securities regulatory Authority shall order the correction, confiscate the illegal income and impose a fine of five times times more than one or more of the illegal income; no illegal income or less than 30,000 yuan of illegal income, punishable by 30,000 yuan or more than 200,000 yuan of fines, belong to the state staff, also should be given administrative sanctions. Where there is no evidence that a listed company is colluding with a false statement, it can only be committed by the person who publishes the information, the research institution. Since our country has granted the SFC the right to make false statements, it is necessary for the SFC to file a case before the investors canfiled a lawsuit. Investors are advised to report to the SFC immediately, asking for investigation and understanding the truth.　　If the SFC determines to constitute a false statement, investors can bring civil action, the main basis of the lawsuit is the Supreme People's Court on the trial of the securities market due to false statements of civil compensation cases caused by a number of provisions.　　I'd like to represent the case. Beijing Day asked law firm Zhangyuanzhong Lawyer: Because this incident suffered losses of investors, first of all can ask the SFC to investigate, and second, as long as can prove oneself buys the Chinese Bao ' an stock the time is after the research report publication time, may Sue. The most important point in this case is to prove that there is no fault in the research report. In the course of the lawsuit, let the writing report of the Organization to testify, they wrote the report, in the end did not go to China baoan field research? Where did you get the most original information? If the organization can prove that there is the information of graphite ore is a false material provided to them by Bao ' An in China, the responsibility is in Bao ' an. If the listed company does not provide such material, the responsibility of publishing false information requires the agency to bear. I am willing to accept the agency's case.