1, the subjective aspect is intentional;

2. The subject is a natural person with criminal responsibility;

3. The object is the national securities and futures management system and the legitimate rights and interests of investors;

4. Objectively speaking, it is an act of manipulating futures trading price and trading volume by concentrating capital advantages, holding shares or positions, or using information advantages to jointly or continuously buy and sell.

legal ground

Article 182 of the criminal law

Under any of the following circumstances, whoever manipulates the securities and futures market and affects the trading price or volume of securities and futures, 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 only 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 also be fined:

(a) alone or in collusion, pooling funds, equity or position advantages, or using information advantages to jointly or continuously buy and sell;

(2) colluding with others to trade securities and futures with each other at the time, price and method agreed in advance;

(3) buying and selling securities between accounts under its actual control, or buying and selling futures contracts on its own.

(7) Manipulating the securities and futures markets by other means.

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.