(1) Using false or uncertain material information to induce investors to make investment decisions, affecting the trading price or volume of securities and futures, conducting related transactions or seeking related benefits;
(2) Making public comments, forecasts or investment suggestions on securities and their issuers, listed companies and futures trading targets, affecting the trading price or trading volume of securities and futures, misleading investors into making investment decisions, and trading securities or related futures in the opposite direction to their comments, forecasts and investment suggestions;
(3) By planning and implementing false major events such as asset acquisition or reorganization, new business investment, equity transfer, acquisition of listed companies, etc., affecting the price or volume of securities trading, conducting related transactions or seeking related benefits, and misleading investors into making investment decisions;
(4) By controlling the information generation of issuers and listed companies or controlling the content, timing and pace of information disclosure, misleading investors to make investment decisions, affecting the price or volume of securities trading, conducting related transactions or seeking related benefits;
(5) Frequent declaration or withdrawal of orders or large declaration or withdrawal of orders for the purpose of closing transactions, misleading investors to make investment decisions, affecting the trading price or trading volume of securities and futures, conducting transactions contrary to the declaration or seeking related benefits.
(six) by hoarding the spot, affecting the market situation of specific futures varieties and related futures transactions;
(7) Manipulating the securities and futures markets by other means. Article 2 Whoever manipulates the securities and futures market under any of the following circumstances shall be deemed as "serious" as stipulated in the first paragraph of Article 182 of the Criminal Law:
(1) The number of securities circulating shares held or actually controlled reaches more than 10% of the total number of securities circulating shares, and Item 1 of Paragraph 1 of Article 182 of the Criminal Law manipulates the securities market, and the cumulative trading volume for ten consecutive trading days reaches more than 20% of the total trading volume of the securities in the same period;
(2) Manipulating the securities market by implementing Items 2 and 3 of Paragraph 1 of Article 182 of the Criminal Law, and the cumulative trading volume for ten consecutive trading days has reached more than 20% of the total securities trading volume in the same period;
(3) Manipulating the securities market by implementing Items 1 to 4 of Article 1 of this Interpretation, and the transaction amount of securities transactions is more than 10 million yuan;
(4) Manipulating the futures market by implementing Item 1 of Paragraph 1 of Article 182 of the Criminal Law and Item 6 of Article 1 of this Interpretation, and the maximum comprehensive position of the account actually controlled for ten consecutive trading days has exceeded twice the limit standard of the futures exchange, and the cumulative trading volume has reached more than 20% of the total trading volume of the futures contract in the same period, and the amount of margin occupied by futures trading has exceeded 5 million yuan;
(5) Manipulating the futures market by implementing the acts of Items 2 and 3 of Paragraph 1 of Article 182 of the Criminal Law and Items 1 and 2 of Article 1 of this Interpretation, and the accumulated trading volume of the actually controlled account for ten consecutive trading days has reached more than 20% of the total trading volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 5 million yuan;
(6) Manipulating the securities and futures market by implementing Item 5 of Article 1 of this Interpretation, with the cumulative withdrawal amount reaching more than 50% of the total amount of securities and futures contracts declared in the same period, and the withdrawal amount of securities is more than10 million yuan, and the withdrawal amount of futures contracts occupies more than 5 million yuan;
(7) manipulating the securities and futures market, and the amount of illegal income is more than one million yuan. Article 3 Whoever manipulates the securities and futures market and illegally gains more than 500,000 yuan shall be deemed as "serious" as stipulated in the first paragraph of Article 182 of the Criminal Law under any of the following circumstances:
(1) Issuers, listed companies and their directors, supervisors, senior managers, controlling shareholders or actual controllers manipulate the securities and futures markets;
(2) The acquirer, the counterparty of major asset reorganization and its directors, supervisors, senior managers, controlling shareholders or actual controllers manipulate the securities and futures market;
(3) The actor knowingly manipulates the securities and futures market, and continues to implement it after investigation by the relevant departments;
(4) Being criminally investigated for manipulating the securities and futures markets;
(five) administrative punishment for manipulating the securities and futures market within two years;
(6) Manipulating the securities and futures market at a specific time, such as major abnormal fluctuations in the market;
(seven) causing adverse social impact or other serious consequences. Article 4 Under any of the following circumstances, it shall be deemed as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 182 of the Criminal Law:
(1) The number of securities circulating shares held or actually controlled reaches more than 10% of the total number of securities circulating shares, and Item 1 of Paragraph 1 of Article 182 of the Criminal Law manipulates the securities market, and the cumulative trading volume for ten consecutive trading days reaches more than 50% of the total trading volume of the securities in the same period;
(2) Manipulating the securities market by implementing Items 2 and 3 of Paragraph 1 of Article 182 of the Criminal Law, and the cumulative trading volume has reached more than 50% of the total securities trading volume in the same period for ten consecutive trading days;
(3) Manipulating the securities market by implementing Items 1 to 4 of Article 1 of this Interpretation, with a turnover of more than 50 million yuan;
(4) Manipulating the futures market by implementing Item 1 of Paragraph 1 of Article 182 of the Criminal Law and Item 6 of Article 1 of this Interpretation, and the maximum comprehensive position of the account actually controlled for ten consecutive trading days exceeds five times the position limit standard of the futures exchange, and the cumulative trading volume reaches more than 50% of the total trading volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 25 million yuan;
(5) Manipulating the futures market by implementing the acts of Items 2 and 3 of Paragraph 1 of Article 182 of the Criminal Law and Items 1 and 2 of Article 1 of this Interpretation, and the accumulated trading volume of the actually controlled account for ten consecutive trading days has reached more than 50% of the total trading volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 25 million yuan;
(6) manipulating the securities and futures market, and the amount of illegal income is more than 10 million yuan.
Manipulation of the securities and futures market, the amount of illegal income of more than 5 million yuan, with one of the seven circumstances stipulated in Article 3 of this interpretation, should be considered as "particularly serious".