2. Subjectively, the actor is intentional, that is, he has the purpose of making himself or others profit from it, and negligence does not constitute this crime.
3. The actor objectively conducted insider trading or leaked insider information.
4. Insider trading and disclosure of inside information constitute a crime only if the circumstances are serious.
If a natural person commits the crime specified in this article, he 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; 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 this crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
Legal basis: Article 180 of the Criminal Law of People's Republic of China (PRC) states that a person who knows the inside information of securities trading or who illegally obtains the inside information of securities trading buys or sells securities or discloses the information before the issuance and trading of securities or other information that has a significant impact on the price of securities. 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 solely be fined not less than one time but not more than five times the illegal income; 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 inside information shall be determined in accordance with the provisions of laws and administrative regulations.
The scope of insiders shall be determined in accordance with the provisions of laws and administrative regulations.