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证券市场承诺制是上市公司及其上市公司控股股东、实际控制人和董监高基于法定或自身目的做出有关事项的承诺的制度。2015年7月初股市异常震荡并引起股价大跌,为维护股市稳定,证监会发文要求上市公司持股超过5%以上的股东做出在6个月内不得减持的承诺。此种承诺虽是针对股市非正常波动的应急举措,但承诺的做出是上市公司及其控股股东、实际控制人和董监高根据情况自身的主动选择,属于单方允诺,且对股市不特定投资者形成了信赖利益,具有法律效力,应当对其进行法律调整及事后监督。
The promised system of securities market is the system of promises made by the controlling shareholders, de facto controllers and directors of the listed companies and their listed companies on relevant issues based on statutory or for their own purposes. In early July 2015, the stock market fluctuated abnormally and caused the stock price plunge. In order to maintain the stability of the stock market, the CSRC issued a document requiring listed shareholders to hold a shareholding commitment of over 5% for a period not to be held in six months. Although this commitment is an emergency measure aimed at the abnormal fluctuation of the stock market, the promises made by the listed company and its controlling shareholders, actual controllers and directors are based on their own initiative, belonging to unilateral promises and not specific to the stock market Investors have formed the trust interests and have the force of law. They should make legal adjustments and post-supervision over them.