1, insider trading has four elements, namely:

(1) object elements. The object of infringement is the normal management order of the securities and futures market and the legitimate interests of securities and futures investors;

(2) objective factors. In violation of relevant laws and regulations, the actor uses the inside information he knows to buy and sell securities and futures, or suggests others to use the inside information to buy and sell securities and futures, or divulges the inside information before the securities issuance, securities and futures trading or other information that has a significant impact on the trading price of securities and futures is officially made public;

(3) The subjective element is intentional;

(4) The main requirement is the insider.

2. Legal basis: Article 180 of the Criminal Law of People's Republic of China (PRC).

Crime of Insider Trading and Disclosure of Insider Information A person who knows or illegally obtains insider information of securities and futures trading, buys or sells securities or engages in futures trading related to the insider information before the disclosure of the securities and futures trading or other information that has a significant impact on the price of the securities and futures trading, or discloses the information, or explicitly or implicitly engages in the above trading activities, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years. 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.

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.

The scope of insider information and insiders shall be determined in accordance with the provisions of laws and administrative regulations.

Crime of trading with undisclosed information Staff of financial institutions such as stock exchanges, futures exchanges, securities companies, futures brokerage companies, fund management companies, commercial banks and insurance companies, as well as staff of relevant regulatory departments or trade associations, who use undisclosed information other than insider information obtained by taking advantage of their positions to engage in securities and futures trading activities related to this information in violation of regulations, or express or imply that others engage in related trading activities, if the circumstances are serious, shall be punished in accordance with the provisions of the first paragraph.

2. What are the conditions for filing the crime of insider trading leaking inside information?

1, and the cumulative turnover of securities transactions is more than 500,000 yuan;

2. The accumulated amount of margin occupied by futures trading is more than 300,000 yuan;

3, profit or avoid losses accumulated in more than one hundred and fifty thousand yuan;

4. Insider trading for many times and leaking inside information;

5. The transaction price and volume fluctuate abnormally;

6. Other serious circumstances.