2. Objective elements: This crime is objectively manifested as deliberately providing false information or forging, altering or destroying transaction records to trick investors into buying and selling securities and futures contracts, resulting in serious consequences.
3. Subject elements: the subject of this crime is a special subject, that is, only employees of stock exchanges, futures exchanges, securities companies and futures brokerage companies, and staff and units of securities industry associations, futures industry associations or securities and futures supervision and management departments can constitute this crime. Non-above-mentioned personnel and units cannot constitute this crime and become the subject of this crime.
4. Subjective elements: Subjectively, this crime must be intentional, that is, knowingly providing false information or knowingly forging, altering or destroying securities and futures trading records, with the purpose of tricking investors into buying and selling securities and futures contracts. Negligence cannot constitute this crime.
Legal basis: Article 181 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.
Employees of stock exchanges, futures exchanges, securities companies and futures brokerage companies, and staff members of securities associations, futures associations or securities and futures supervision and administration 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 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.