How to identify the crime of manipulating futures market
Object elements: this crime violates the national securities and futures management system and the legitimate rights and interests of investors. Objective elements: objective aspects: 1, alone 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. Collusion with others to trade securities and futures 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 that you actually control, or buying and selling futures contracts by yourself, which affects the trading price or trading volume of securities and futures; 4. Manipulate the securities and futures market in other ways. 3. Main elements: the subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can become the subject of this crime; The unit can also be the subject of this crime. Subjective elements: the subjective aspect of this crime is intentional, with the purpose of obtaining illegitimate interests or transferring risks. Article 182 of the Criminal Law of People's Republic of China (PRC) commits any of the following crimes. 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) acting alone or in collusion, concentrating capital advantages, holding shares or positions, or using information advantages to jointly or continuously buy and sell securities and futures, and manipulating the trading price or 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.