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.
2. Amend Article 168 of the Criminal Law to read: "Any employee of a state-owned company or enterprise who is seriously irresponsible or abuses his power, resulting in bankruptcy or serious losses of the state-owned company or enterprise, thus causing heavy losses to the national interests, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever causes particularly heavy losses to the interests of the state shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
"Staff members of state-owned institutions who commit the acts mentioned in the preceding paragraph, resulting in heavy losses to national interests, shall be punished in accordance with the provisions of the preceding paragraph.
Any staff member of a state-owned company, enterprise or institution who engages in malpractices for personal gain and commits the crimes mentioned in the preceding two paragraphs shall be given a heavier punishment in accordance with the provisions of the first paragraph.
3. Article 174 of the Criminal Law is amended as: "Whoever establishes a commercial bank, stock exchange, futures exchange, securities company, futures brokerage company, insurance company or other financial institution without the approval of the relevant competent department of the state shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.
"Whoever forges, alters or transfers the business licenses or approval documents of commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other financial institutions shall be punished in accordance with the provisions of the preceding paragraph.
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 punished in accordance with the provisions of the first paragraph.
4. Article 180 of the Criminal Law is amended as: "If a person who knows or illegally obtains inside information about securities and futures trading buys or sells securities, or engages in futures trading related to inside information, or discloses the information before the disclosure of securities, securities and futures trading or other information that has a significant impact on the price of securities and futures trading, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also 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 be fined not less than one time but not more than five times the illegal income.
"If a unit commits the crime mentioned in the preceding paragraph, 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.
"The scope of insider information and insider personnel shall be determined in accordance with laws and administrative regulations."
5. Article 181 of the Criminal Law is amended as: "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 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, 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.
6. Article 182 of the Criminal Law is amended as: "Whoever manipulates the trading price of securities and futures, seeks illegitimate interests or passes on risks, in any of the following circumstances, 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 not less than one time but not more than five times the illegal income:
(a) alone or in collusion with each other, concentrate capital advantages, hold shares or positions, or use information advantages to jointly or continuously buy and sell, and manipulate the trading prices of securities and futures;
(2) colluding with others, trading securities and futures with each other at the time, price and manner agreed in advance, or buying and selling securities that are not held with each other, which affects the trading price or trading volume of securities and futures;
(3) buying and selling securities or buying and selling futures contracts without transferring the ownership of securities, which affects the trading price or volume of securities and futures;
(4) manipulating the trading prices of securities and futures by other means.
Where a unit commits the crime mentioned in the preceding paragraph, 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.
7. Article 185 of the Criminal Law is amended as: "Any staff member of a commercial bank, a stock exchange, a futures exchange, a securities company, a futures brokerage company, an insurance company or any other financial institution who misappropriates the funds of his own unit or clients by taking advantage of his position shall be convicted and punished in accordance with the provisions of Article 272 of this Law.
Staff of state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions, and personnel assigned by state-owned commercial banks, stock exchanges, futures exchanges, securities companies, futures brokerage companies, insurance companies or other state-owned financial institutions to engage in public service in non-state-owned institutions as mentioned in the preceding paragraph shall be convicted and punished in accordance with the provisions of Article 384 of this Law.