Sentencing standard of the crime of manipulating the securities and futures market
According to the relevant regulations of the Supreme People's Procuratorate and the Ministry of Public Security, anyone who manipulates the securities and futures market and is suspected of any of the following circumstances shall bring a lawsuit. 1. The number of tradable shares holding or actually controlling the securities alone or in collusion reaches more than 30% of the total number of shares actually circulating in the securities, and the number of shares jointly or continuously traded in the securities for 20 consecutive trading days reaches more than 30% of the total turnover of the securities in the same period; 2. The number of futures contracts held individually or in collusion or actually controlled exceeds 50% of the number of futures contracts limited by the business rules of futures exchanges, and the number of futures contracts jointly or continuously traded within 20 consecutive trading days reaches more than 30% of the total turnover of futures contracts in the same period; 3. Collusion with others to trade securities or futures contracts at the time, price and method agreed in advance, and the cumulative trading volume of securities or futures contracts in 20 consecutive trading days reaches more than 20% of the total trading volume of securities or futures contracts in the same period; 4. Trading securities between accounts actually controlled by them, or buying and selling futures contracts on their own, and the cumulative trading volume of securities or futures contracts has reached more than 20% of the total trading volume of securities or futures contracts within 20 consecutive trading days; 5. Continue to buy or sell the same securities and futures contracts on the day of reporting, and withdraw the reporting before trading. The amount of withdrawal accounts for more than 50% of the total amount of stocks or futures contracts declared on that day; 6. Listed companies and their directors, supervisors, senior managers, actual controllers, controlling shareholders or other related parties, individually or in collusion, use information advantages to manipulate the company's securities trading price or securities trading volume; ? 7. There are other serious circumstances. Article 182 of the Criminal Law of People's Republic of China (PRC) is under any of the following circumstances: manipulating the securities and futures market, affecting the trading price or volume of securities and futures, and 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) concentrating capital advantages, holding shares or positions, or using information advantages to jointly or continuously buy and sell; (2) colluding with others to trade securities and futures with each other at the time, price and method agreed in advance; (3) buying and selling securities between accounts under its actual control, or buying and selling futures contracts on its own. (four) for the purpose of closing a transaction, frequently or in large quantities, and cancel the declaration; (5) Using false or uncertain important information to induce investors to trade securities and futures. (6) Making comments, predictions or investment suggestions on the disclosure of securities, securities issuers and futures trading targets, and conducting reverse securities trading or related futures trading at the same time; (7) 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. "