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证券操纵行为几乎成为中国证券市场的一大痼疾,以虚伪交易方式操纵证券市场价格是操纵者惯用的手法。虚伪交易可进一步分为冲洗买卖和相对委托,为厘清二者间容易产生混淆的几个问题,需从行为的主体、行为方式及主观要件等方面加以认真剖析。
The practice of securities manipulation has become a major problem in the Chinese securities market. It is the manipulator’s usual practice to manipulate the securities market prices by hypocritical transactions. Hypocritical trading can be further divided into flushing trading and relative entrustment. In order to clarify several issues that are likely to cause confusion between the two, we should carefully analyze the subject, mode of conduct and subjective requirements.