Object elements. This crime violates the national securities and futures management system and the legitimate rights and interests of investors. Objective elements. Objective performance: 1, alone or in collusion, concentrating capital advantages, holding shares or positions, or using information advantages to jointly or continuously buy and sell securities and futures, and manipulating the trading price or 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. Theme 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. Subjective factors. The subjective aspect of this crime is intentional, with the purpose of obtaining illegitimate interests or transferring risks.

legal ground

Criminal law of the people's Republic of China

Article 182 Whoever, under any of the following circumstances, manipulates the securities and futures markets and affects the trading price or volume of securities and futures, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined:

(a) alone or in collusion, pooling funds, equity or position advantages, or using information advantages to jointly or continuously buy and sell;

(2) colluding with others to trade securities and futures with each other at the time, price and method agreed in advance;

(3) buying and selling securities between accounts under its actual control, or buying and selling futures contracts on its own.

(four) for the purpose of closing a transaction, frequently or in large quantities, and cancel the declaration;

(5) Using false or uncertain important information to induce investors to trade securities and futures.

(6) Making comments, predictions or investment suggestions on the disclosure of securities, securities issuers and futures trading targets, and conducting reverse securities trading or related futures trading at the same time;

(7) Manipulating the securities and futures markets by other means.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. "