The criteria for filing the crime of manipulating the securities and futures market are as follows:
Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Prosecution Standards of Economic Crime Cases
Article 32 Whoever manipulates the trading price of securities and futures to gain illegitimate interests or transfer risks is suspected of one of the following circumstances, and shall be investigated:
1, and the amount of illegal profits is more than 500,000 yuan;
2. The transaction price and volume fluctuate abnormally;
3. Force others to manipulate the transaction price by violence or coercion;
4. Although the above-mentioned amount standard has not been reached, he is subject to administrative punishment for manipulating the trading price of securities and futures for more than two times, and also manipulates the trading price of securities and futures.
Second, the constitution of the crime of manipulating the securities and futures market.
(A) the object elements
This crime violates the national securities and futures management system and the legitimate rights and interests of investors.
(b) objective factors
Objective performance:
1. Individually or in collusion, concentrate the advantages of capital, shareholding or position, or use the advantages of information to jointly or continuously trade, and manipulate the trading price or trading volume of securities and futures;
2. Collusion with others, trading securities and futures with each other at the time, price and method agreed in advance, affecting the trading price or volume of securities and futures;
3. Trading securities between accounts under its actual control, or buying and selling futures contracts by itself, which affects the trading price or trading volume of securities and futures;
4. Manipulate the securities and futures market by other means.
(3) Main elements
The subject of this crime is the general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can become the subject of this crime; The unit can also be the subject of this crime.
(4) Subjective factors
The subjective aspect of this crime is intentional, with the purpose of obtaining illegitimate interests or transferring risks.
In order to maintain the economic order of the securities and futures market, criminal law and other laws stipulate that no one may manipulate the trading price of the securities and futures market by colluding with others. Otherwise, once the consequences caused by such manipulation are serious, the operator will probably be sentenced by the court.