第二百零一条 提交虚假证明文件或者采取其他欺诈手段隐瞒重要事实骗取证券业务许可的,或者证券公司在证券交易中有严重违法行为,不再具备经营资格的,由证券监督管理机构取消其证券业务许可,并责令关闭。

Article 201. Whoever has acquired a license for doing securities business through providing falsified documentation, or through concealing important facts by other deceptive means; or when a securities company is no longer qualified to operate after having been found to have committed serious lawless conduct during securities trading, a securities regulatory body shall retract its operating license and order it to close.

第二百零二条 为证券的发行、上市或者证券交易活动出具审计报告、资产评估报告或者法律意见书等文件的专业机构,就其所应负责的内容弄虚作假的,没收违法所得,并处以违法所得一倍以上五倍以下的罚款,并由有关主管部门责令该机构停业,吊销直接责任人员的资格证书。造成损失的,承担连带赔偿责任。构成犯罪的,依法追究刑事责任。

Article 202. If a specialized organ that provides auditing reports, capital assessment reports, written legal views, or other documents relevant to the issuance and marketing of securities and securities trading is found to have falsified anything that is in its charge, its illegitimate income shall be confiscated, it shall be fined for a sum that is between one and five times that of the illegitimate income, and the relevant authorities shall order this organ to suspend its business and shall revoke the credentials of its persons in charge. This organ shall also be liable for compensation for any loss. It shall also be held accountable for its criminal conduct by law if the falsification constitutes a crime.

第二百零三条 未经证券监督管理机构批准,擅自设立证券登记结算机构或者证券交易服务机构的,由证券监督管理机构予以取缔,没收违法所得,并处以违法所得一倍以上五倍以下的罚款。情节严重的,责令关闭。

Article 203. Whoever establishes organs for securities registration and account settlement, or organs that provide securities trading services, without a securities regulatory body's authorization, shall be ordered by the body to mend its ways. Its illegitimate income shall be confiscated, and it shall be fined for a sum that is between one and five times that of its illegitimate income. If the case is serious, it shall be ordered to close.

第二百零四条 证券监督管理机构对不符合本法规定的证券发行、上市的申请予以核准,或者对不符合本法规定条件的设立证券公司、证券登记结算机构或者证券交易服务机构的申请予以批准,情节严重的,对直接负责的主管人员和其他直接责任人员,依法给予行政处分。构成犯罪的,依法追究刑事责任。

Article 204. When a securities regulatory body has approved the application of issuing and listing securities which are not in conformity with this law, or when it has approved the application for the establishment of a securities company, an organ for securities registration and account settlement, or an organ providing securities trading services, and the establishment is not in conformity with this law, the direct persons in charge and other personnel in charge shall be disciplined with administrative measures if the case is serious. They shall be held accountable for their criminal conduct if it constitutes a crime.

第二百零五条 证券监督管理机构的工作人员和发行审核委员会的组成人员,不履行本法规定的职责,徇私舞弊、玩忽职守或者故意刁难有关当事人的,依法给予行政处分。构成犯罪的,依法追究刑事责任。

Article 205. When workers of a securities regulatory body or members of the committee that reviews the issuance of securities fail to discharge their duties prescribed in this law, practice favoritism, commit graft, neglect their duties, or deliberately make things difficult for relevant parties, they shall be disciplined by administrative measures. If their conduct constitute a crime, they shall be held accountable for their criminal conduct.

第二百零六条 违反本法规定,发行、承销公司债券的,由国务院授权的部门依照本法第一百七十五条、第一百七十六条、第二百零二条的规定予以处罚。

Article 206. Whoever issues and sells corporate securities in violation of this law, a department with the State Council's authorization shall mete out punishment to it in accordance with Articles 175, 176, and 202 of this law.

第二百零七条 违反本法规定,应当承担民事赔偿责任和缴纳罚款、罚金,其财产不足以同时支付时,先承担民事赔偿责任。

Article 207. When one who violates this law and must be held liable for civil compensation and paying a fine, but his property is insufficient for the two payments, he shall undertake the civil compensation first.

第二百零八条 以暴力、威胁方法阻碍证券监督管理机构依法行使监督检查职权的,依法追究刑事责任;拒绝、阻碍证券监督管理机构及其工作人员依法行使监督检查职权未使用暴力、威胁方法的,依照治安管理处罚条例的规定进行处罚。

Article 208. Whoever uses force or coercion to obstruct a securities regulatory body from exercising its lawful regulatory responsibilities, he shall be held accountable for his criminal conduct by the law. Whoever rejects and obstructs a securities regulatory body from exercising its lawful regulatory responsibilities but has not resorted to force or coercion, he shall be punished according to the regulations for punishing public offenses.

第二百零九条  依照本法对证券发行、交易违法行为没收的违法所得和罚款,全部上缴国库。

Article 209. All the illegitimate incomes and fines lawfully confiscated and collected from issuing and trading securities against the law shall be delivered to the national treasury.

第二百一十条 当事人对证券监督管理机构或者国务院授权的部门处罚决定不服的,可以依法申请复议,或者依法直接向人民法院提起诉讼。

Article 210. If a party concerned disagrees with the punishment meted out by a securities regulatory body, or by any department authorized by the State Council, it may follow the legal procedures and request a review of the case. He may also directly file a suit at the people's court according to the law.

第十二章 附 则

Chapter XII. Supplementary Provisions

第二百一十一条 本法施行前依照行政法规已批准在证券交易所上市交易的证券继续依法进行交易。

Article 211. The trading of securities approved by administrative regulations to be listed and traded at securities exchanges before this law goes into effect may proceed according to those regulations.

本法施行前依照行政法规和国务院金融行政管理部门的规定经批准设立的证券经营机构,不完全符合本法规定的,应当在规定的限期内达到本法规定的要求。具体实施办法,由国务院另行规定。

For those securities organs approved for establishment in accordance with administrative regulations, or regulations promulgated by financial administrative departments under the State Council, before this law goes into effect, but whose establishment is not fully in conformity with this law, shall meet the requirements set in this law within a prescribed period. Specific measures will be prescribed separately by the State Council.

第二百一十二条 本法关于客户交易结算资金的规定的实施步骤,由国务院另行规定。

Article 212. The State Council will prescribe separate procedures for implementing the regulations governing clients' funds for securities trading and account settlement.

第二百一十三条 境内公司股票供境外人士、机构以外币认购和交易的,具体办法由国务院另行规定。

Article 213. The State Council will prescribe specific measures separately for the purchase and trading of stocks of companies within China by people and organizations outside China with foreign currencies.

第二百一十四条 本法自1999年7月1日起施行。

Article 214. This law goes into effect on I July 1999.