When dealing with disputes, individual investors are in a relatively disadvantaged position compared to futures companies. They not only cannot invest as much manpower and material resources as futures companies to resolve disputes, but also have difficulty accessing and obtaining more favorable evidence and information about the facts of the dispute. Therefore, how to take appropriate measures, fully mobilize limited resources, and maximize the fight and protection of one's legitimate rights and interests in the dispute resolution process is a problem that individual investors should attach great importance to.
To help investors better resolve disputes with futures companies, here are five suggestions for reference. Firstly, take proactive measures to prevent disputes. The disputes between investors and futures companies are partly due to investors' own negligence and weak legal awareness. Therefore, in the process of preparing for market entry, signing contracts, and conducting transactions, investors should try to be cautious and careful as much as possible to avoid unnecessary trouble in the future. Secondly, it is important to collect and preserve evidence regularly, as the authenticity and sufficiency of the evidence determine whether the case can ultimately be won. Currently, investors often face difficulties in providing evidence in dispute resolution, which makes it difficult to effectively safeguard their own rights and interests.If investors can pay attention to collecting and storing various trading documents, such as commission agreements, transaction settlement reports, etc., especially focusing on fixing some "beautiful" verbal commitments of futures companies and their staff in the form of written agreements, signing and stamping them, even if disputes occur in the future, it will greatly increase the chances of resolving them smoothly. It should be noted to investors that evidence requires objectivity, relevance, and legality.Investors should carefully verify their choices when collecting and using evidence, analyze and judge the probative value of the evidence, and determine the facts that can prove their claims; At the same time, a chain of evidence should be formed to achieve interlocking and avoid dispersion and repetition; Additionally, do not falsify evidence during collection and preservation, such as forging or destroying evidence, or coercing or bribing witnesses to testify. Thirdly, after a dispute arises, it is necessary to first clarify the facts and distinguish responsibilities.During the process of receiving services from futures companies, investors rely on the provisions of relevant laws and regulations and contractual agreements to determine the rights and obligations of both parties, as well as the standards for judging their faults and responsibilities. Investors should have a clear understanding of this or conduct necessary research after disputes arise. As for the relevant facts, they are the most basic content that investors need to know. For example, investors often ignore the content of futures company website announcements and only search for and understand them after being prompted. For such facts, investors should pay attention to them in a timely manner during the service process to avoid unnecessary disputes. Fourthly, understand the methods for determining civil liability. After the dispute arises, investors are very concerned about the amount of compensation they can receive. A few investors ask exorbitant prices and propose unrealistic compensation amounts, ultimately failing to receive support and satisfaction. Fifth, choose a suitable lawyer when necessary. Resolving futures disputes often requires expertise in both futures and legal aspects. After a dispute arises, investors should remain calm and approach it with a rational mindset, avoiding being too extreme. Emotional problem-solving is not the optimal solution to resolving disputes. If these suggestions can be implemented, investors can not only try to avoid disputes as much as possible, but even after a dispute occurs, it is likely that the problem can be resolved through settlement or mediation, avoiding entering into relatively complex arbitration or litigation procedures.
Reconciliation, mediation, arbitration, and litigation are the main means of resolving disputes, each with its own advantages and disadvantages. Investors can choose according to their own needs. Generally speaking, it is recommended that investors prefer settlement. Because when a dispute arises, negotiation between the parties is the simplest and most direct way to resolve it, without the need for third-party intervention. In practice, many disputes arise from misunderstandings or involve small amounts of money. After sufficient communication between the two parties, misunderstandings are eliminated, consensus is reached, and the dispute is immediately resolved. Reconciliation is a good choice for both parties involved. In the event that the negotiation fails and no settlement can be reached, investors can consider applying to the CSRC and its dispatched offices, the China Futures Association, the futures exchange, etc., which will mediate in the middle, give full play to their advantages of high authority and professionalism in mediation, and promote both parties to resolve disputes. If the dispute cannot be resolved through mediation, both parties may submit the dispute to an arbitration institution or court for judgment. The court trial procedure is the strictest and takes longer time. In fact, these four dispute resolution methods have no order of priority, and investors can choose freely to safeguard their legitimate rights and interests.
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