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Crime of manipulating securities and futures markets
Old law-

(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on the same day alone or in collusion with each other, and withdraw the declaration before trading, and the amount withdrawn accounts for more than 50% of the total declared amount of the securities or futures contracts on the same day.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.

The new law-

(1) The number of securities circulating shares held or actually controlled reaches more than 10% of the total number of securities circulating shares, and Item 1 of Paragraph 1 of Article 182 of the Criminal Law manipulates the securities market, and the cumulative trading volume for ten consecutive trading days reaches more than 20% of the total trading volume of the securities in the same period;

(2) Manipulating the securities market by implementing Items 2 and 3 of Paragraph 1 of Article 182 of the Criminal Law, and the cumulative trading volume for ten consecutive trading days has reached more than 20% of the total securities trading volume in the same period;

(3) Using false or uncertain material information to induce investors to engage in securities trading, and the transaction amount of the relevant securities trading of the actor is more than 10 million yuan;

(4) Making public comments, predictions or investment suggestions on securities and securities issuers, and conducting reverse securities transactions at the same time, with a turnover of more than10 million yuan;

(5) Misleading investors to make investment decisions, conduct related transactions or seek related benefits by planning and implementing asset acquisition or reorganization, investing in new businesses, transferring stock rights, and acquiring listed companies. , and the turnover of securities transactions is more than10 million yuan;

(6) By controlling the generation of information of issuers and listed companies, or controlling the content, timing and rhythm of information disclosure, investors are misled to make investment decisions, conduct related transactions or seek related interests, and the turnover of securities transactions is more than10 million yuan;

(7) Manipulating the futures market by implementing Item 1, Paragraph 1, Article 182 of the Criminal Law, and the maximum comprehensive position of the account actually controlled for ten consecutive trading days exceeds twice the position limit standard of the futures exchange, and the cumulative trading volume reaches more than 20% of the total trading volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 5 million yuan;

(eight) by hoarding the spot, affecting the market situation of specific futures varieties, and conducting related futures transactions. For ten consecutive trading days, the maximum comprehensive position actually controlled by the account exceeds twice the limit of the futures exchange, and the cumulative trading volume reaches more than 20% of the total trading volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 5 million yuan;

(9) Manipulating the futures market by implementing Items 2 and 3 of Paragraph 1 of Article 182 of the Criminal Law, and the accumulated trading volume of the actually controlled account for ten consecutive trading days has reached more than 20% of the total trading volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 5 million yuan;

(10) Using false or uncertain material information to induce investors to conduct futures trading, and the actor conducts related futures trading, and the accumulated trading volume of the actually controlled account has reached more than 20% of the total trading volume of the futures contract in the same period for ten consecutive trading days, and the amount of margin occupied by futures trading is more than 5 million yuan;

(11) Making public comments, forecasts or investment suggestions on the subject matter of futures trading, and conducting relevant futures trading at the same time, and the accumulated trading volume of the actually controlled account for ten consecutive trading days has reached more than 20% of the total trading volume of the futures contract in the same period, and the amount of margin occupied by futures trading is more than 5 million yuan;

(12) Frequent or large-scale declaration of buying and selling securities and futures contracts and cancellation of declarations for the purpose of closing transactions, and the cumulative cancellation of declarations on the same day reached more than 50% of the total declaration of the securities and futures contracts in the same period, and the cancellation of securities 1000 million yuan or more, and the cancellation of futures contracts occupied more than 5 million yuan;

(13) manipulating the securities and futures markets to gain profits or avoid losses of more than one million yuan. Manipulating the securities and futures market, affecting the trading price or volume of securities and futures, making profits or avoiding losses of more than 500,000 yuan, and being suspected of one of the following circumstances, shall be filed for prosecution:

(1) Issuers, listed companies and their directors, supervisors, senior managers, controlling shareholders or actual controllers manipulate the securities and futures markets;

(2) The acquirer, the counterparty of major asset reorganization and its directors, supervisors, senior managers, controlling shareholders or actual controllers manipulate the securities and futures market;

(3) The actor knowingly manipulates the securities and futures market, and continues to implement it after investigation by the relevant departments;

(4) Being criminally investigated for manipulating the securities and futures markets;

(five) administrative punishment for manipulating the securities and futures market within two years;

(6) Manipulating the securities and futures market at a specific time, such as major abnormal fluctuations in the market;

(7) Causing other serious consequences. The provisions of this article shall apply mutatis mutandis to those who manipulate the securities market through the national share transfer system for small and medium-sized enterprises, which has great social harm and seriously undermines the fair and just market order, except for items 1 and 2 of the first paragraph of this article.