操纵市场行为的主观认定尚不存在统一标准,且其具有隐蔽性、难以取证在实践中亦具有认定难度。引入商品服务市场反垄断法领域中的本身违法原则进行解释,在资本市场进行操纵市场行为认定时对部分具体行为无需对行为人的主观故意进行论证,只要行为人有特定行为,即可认定行为人试图操纵市场。 There is no uniform standard for manipulating market behavior subjectively, and it is invisible and difficult to obtain evidence in practice. Introduced into the field of antitrust law in the market of goods and services to explain itself in violation of the principle of law, in the capital market to manipulate the market behavior of some of the specific acts do not need to demonstrate the subjective intention of the actor, as long as the behavior of people have a specific act, you can identify the behavior People try to manipulate the market.