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《证券法》规定证券监督管理机构有权使用封存措施,但是未明确如何具体实施。根据《行政强制法》,封存是行政强制措施,也是证据保全措施。稽查总队有权以自己名义作出封存决定。封存对象包括纸质文件和资料,也包括存储光介质、磁介质、电子介质等载体形式的文件和资料,以及承载上述载体的特定物件。封存期限应规定为30日。
The Securities Law stipulates that the securities regulatory authority has the right to use storage measures, but it is not clear how to put it into practice. According to the “Administrative Enforcement Law,” sequestration is an administrative coercive measure and a measure of preservation of evidence. Inspection Corps reserves the right to make a decision in its own name. Storage objects include paper documents and information, but also include storage of optical media, magnetic media, electronic media and other carrier forms of documents and information, as well as bearing the carrier of the specific object. Sealing deadline should be provided for 30 days.