1, criminal law
Article 182 Any of the following circumstances is the crime of manipulating the securities and futures market. 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 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:
(1) Individually or in collusion, concentrating capital advantages, holding shares or positions, or using information advantages to jointly or continuously buy and sell, and manipulating the trading price or trading volume of securities and futures;
(2) colluding with others to trade securities and futures with each other at the time, price and manner agreed in advance, which affects the trading price or volume of securities and futures;
(3) Trading securities between accounts under its actual control, or buying and selling futures contracts on its own, which affects the trading price or volume of securities and futures.
(4) 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.
2. Notice on Printing and Distributing the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Filing Criminal Cases under the Jurisdiction of Public Security Organs (II)
Article 39 Whoever manipulates the securities and futures market and is suspected of any of the following circumstances shall file a case for prosecution:
(1) Holding or actually controlling more than 30% of the total number of shares actually circulating in the securities alone or in collusion, and the cumulative number of shares jointly or continuously traded in the securities for 20 consecutive trading days has reached more than 30% of the total trading volume of the securities in the same period.
(2) Holding or actually controlling the number of futures contracts individually or in collusion exceeds 50% of the positions limited by the business rules of the futures exchange, and the number of futures contracts jointly or continuously traded within 20 consecutive trading days has reached more than 30% of the total turnover of the futures contracts in the same period.
(3) colluding with others to trade securities or futures contracts with each other according to the time, price and method agreed in advance, and the cumulative turnover of the securities or futures contracts has reached more than 20% of the total turnover of the securities or futures contracts in the same period within 20 consecutive trading days;
(4) Trading securities between accounts under its actual control, or buying and selling futures contracts on its own, and the cumulative trading volume of the securities or futures contracts has reached more than 20% of the total trading volume of the securities or futures contracts in the same period for 20 consecutive trading days.
(5) To declare to buy or sell the same securities or futures contracts continuously on the same day alone or in collusion with each other, and withdraw the declaration before trading, and the amount withdrawn accounts for more than 50% of the total declared amount of the securities or futures contracts on the same day.
(6) A listed company and its directors, supervisors, senior managers, actual controllers, controlling shareholders or other related parties, individually or in collusion with each other, use information to manipulate the trading price or trading volume of the company's shares.
(7) Securities companies, securities investment consulting institutions, professional intermediaries or employees violate the relevant business prohibition regulations, buy, sell or hold relevant securities, and seek benefits in securities trading through public evaluation, prediction or investment suggestions on the securities or their issuers and listed companies, if the circumstances are serious.
(eight) other serious circumstances.