According to the false statement of the case or the beginning of the trial will be the beginning of next year?

August 25th, Guangzhou intermediate people's Court on the 5 floor of the trial court, FSL (000541) securities market false statement case launched a day of the second round of public hearing, involving the plaintiff, the 467.

Although the number of plaintiffs in the trial for the first time in July 9th is similar to that of the plaintiff, the plaintiff's attorney has reached nearly 40, just like a small law firm. Due to a large number of lawyers, scheduled for August 25, 2014 -28 day for 5 days, the second round of the trial on the day of the merger in August 25th. Scheduled for the beginning of the trial until 9:30 9:00 officially started.

On the day of the trial attracted more than 10 plaintiffs attended the audit, including 5 plaintiffs chose to fight by themselves, and did not ask the attorney. The gallery, a former FSL shareholders 65 year old Ms. Chen, she said that in 2011 to buy 7000 shares, while the loss of 20 thousand yuan, has not yet filed a lawsuit, she said the progress is very concerned about the case, therefore specially came to the courtroom.

The courtroom, Guangdong Benben law office lawyer Liu Guohua more than 20 plaintiffs litigation lawyers, with the plaintiff, the 2 lawyers on behalf of the defendant at FSL still comes from the Guangdong Green law firm. During the trial, three aspects: first, focus on both sides to debate whether false statements constitute securities; two, whether the plaintiff has the loss of authenticity; if false statements and false statements of the loss, loss and the causal relationship? Three, if the formation of false statements, whether there is a systemic risk, the need to deduct the system risk and industry risk, business risk and other factors? In addition, the two sides on the implementation of the date, the date of the benchmark is still controversial.

Regarding whether constitutes the Securities False Statement? Both the original defendant attorney each one sticks to his argument. According to the judicial interpretation of the Supreme People's court 17: for the major events of information disclosure violations, can constitute a crime of false statement. "FSL's attorney said:" due to related transactions, information disclosure irregularities caused by the timely disclosure of foreign guarantees, the proportion of the amount involved is not sufficient to constitute a major event. While the plaintiff attorney does not think so, and the fact that the fact that FSL irregularities.

So, if constitute a false statement of securities, whether there is a direct causal relationship with FSL's illegal disclosure, which accounted for the proportion of system risk? FSL's lawyer said: "in the days before the disclosure, FSL continued to decline in the state in 2 years, resulting in the loss during should be all attributed to the system risk; and to the implementation date in the range of disclosure, if it constitutes a false statement under the premise of the system risk should be accounted for 40% of the proportion, in addition, the electronics industry the company's operating risk factors should also be deducted. "

For the determination of the implementation date, the original defendant is still a major dispute between the two sides. Plaintiffs believe that the implementation date is July 15, 2010. The defendant believes that should be November 8, 2010 as the implementation date.

Finally, when the presiding judge asked whether the two sides agreed to reconciliation, the plaintiffs attorney unanimously agreed to settle, and the defendant lawyer is clear that does not agree with the settlement". Obviously, the current results from the trial for the first time, although the two sides agreed to settle the court, but actually did not reach a settlement. After the adjournment, many investors asked Liu Guohua to the plaintiff's lawyer: "when will there be? He said: "it may not be until the beginning of next year there will be results. "

For more information about LED, please click on China LED network or pay attention to WeChat public account (cnledw2013).