Whoever commits the crime of manipulating the securities market shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined.
If a unit commits this crime, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Manipulation of the securities market: refers to the actor deviating from the principles of free market bidding and supply and demand, using various improper means to affect the securities market price or securities trading volume, and creating the illusion of the securities market to induce others to participate Securities trading is the act of seeking illegitimate benefits for oneself or transferring risks. The criminal composition of the crime of manipulating the securities market
The criminal composition of the crime of manipulating the securities market:
1. The subjective aspect of the crime
The subjective aspect of this crime consists of intentionality, And the purpose is to obtain improper benefits or transfer risks.
2. Objective aspects of the crime
1. Individually or in collusion, concentrating financial advantages, shareholding or position advantages, or using information advantages to jointly or continuously buy and sell, and manipulate securities and futures transactions prices or trading volumes of securities and futures;
2. Collude with others to conduct securities and futures transactions with each other at a pre-agreed time, price and method, affecting the trading prices of securities and futures or the trading volume of securities and futures ;
3. Conduct securities transactions between accounts actually controlled by oneself, or use oneself as the trading object, buy and sell futures contracts by oneself, affecting the trading prices of securities and futures or the trading volume of securities and futures. ;
4. Use other methods to manipulate the securities and futures markets.
3. Criminal subject
The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible can become the subject of this crime; an organization can also become the subject of this crime. main body.
IV. Objects of the crime
1. Individually or in collusion, concentrate financial advantages, shareholding or position advantages, or use information advantages to jointly or continuously buy and sell, manipulate securities or futures trading prices, or The trading volume of securities and futures;
2. Collusion with others to conduct securities and futures transactions with each other at a pre-agreed time, price and method, affecting the trading price of securities and futures or the trading volume of securities and futures;
3. Conduct securities transactions between accounts actually controlled by oneself, or use oneself as the trading object, buy and sell futures contracts by oneself, affecting the trading prices or trading volume of securities and futures;< /p>
4. Use other methods to manipulate the securities and futures markets.