Manipulation Of The Securities And Futures Market Research On Several Issues

Market manipulation crime is most difficult to be identified in financial capital market;it is most complex type of crime.Identifying manipulation crime as the core illegal crime in the capital markets,is the key point,difficult point and focus point in capital market legal theory research.Along with the rapid over-flow of market manipulation crime,necessary and importance of judicial application of this crime is raised.While there is rare judicial authorities for this case,make it be embarrassed in legislation and judicial practice.But increasing the chances of its applicable may easily lead to excessively expand the power of penalty,therefore,it is necessary take profound consideration and make essence thinking on boundary,redefinition of theory,analysis the essence mechanism and the influence of market manipulation crime.This article mainly discusses three issues.Firstly,discusses on market manipulation that using information advantage,that focus on the conflict of information announcer and the benefitted.When information is announcing,the announcer also participate in stock trading,couldbe mainly person liable,and should undertake the legal consequence.Secondly,when determining whether a trading is a self-trading,should strictly following three rule that define the crime scope: be aware intentionally,excluding marketing behavior and strictly investigating trading.The last,discuss the market manipulation crime of ’colluding with others’ and ’revealing insider-dealing information’,should measure on stick judicial determination theory,legal standard and the rule of judicial decision.This article aim is to present an entire solution and solving method of the partial issues for capital market.