公司控股股东和实际控制人利用其掌控的内幕信息,大肆买卖公司股票,牟取巨额非法利益,其行为是否构成内幕交易罪?控辩双方对案件事实、证据及适用法律存在争执。本案在审理中对证监会出具的认定函是否具备证据能力,以及认定函对内幕信息、价格敏感期等实质性内容的认定是否具有事实和法律依据逐一进行了分析。 Controlling shareholders and actual controllers, using the inside information they control, wantonly buy and sell shares of the company and seek huge illegal profits, and whether their actions constitute crimes of insider trading? Both parties have disputes over the facts, evidences and applicable laws of the case. In the trial, whether the confirmation letter issued by the CSRC has the evidence ability and whether the confirmation letter has the factual and legal basis for the determination of the substantive content such as inside information and price-sensitive period has been analyzed one by one.