1. What are the constitutive elements of the crime of fabricating and spreading false information in futures trading?

1. The constitutive elements of the crime of fabricating and disseminating false information in futures trading are as follows:

(1) The infringed object is also a complex object;

(2) objectively, it is an act of fabricating and disseminating false information that has an impact on securities and futures trading, disrupting the securities and futures trading market and causing serious consequences;

(3) The subject includes both units and individuals. The latter is a natural person with criminal responsibility at the age of 16;

(4) Subjectively, it must be intentional.

2. Legal basis: Article 18 1 of the Criminal Law of People's Republic of China (PRC).

Whoever fabricates and disseminates false information that affects securities and futures trading and disrupts the securities and futures trading market, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also, or shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan.

Crime of tricking investors into buying and selling securities and futures contracts: employees of stock exchanges, futures exchanges, securities companies and futures brokerage companies, employees of securities associations, futures associations or securities and futures supervision and management departments who intentionally provide false information or forge, alter or destroy trading records to trick investors into buying and selling securities and futures contracts, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined not less than 10,000 yuan but not more than 100,000 yuan. If the circumstances are especially bad, 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 not less than 20,000 yuan but not more than 200,000 yuan.

Where a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

2. What is the standard for filing the crime of fabricating and spreading false information in futures trading?

The standard for filing the crime of fabricating and spreading false information in futures trading is:

1, causing direct economic losses of more than 30,000 yuan to investors;

2. The transaction price and volume fluctuate abnormally;

3. Cause adverse effects.