Research On Questions About Dry Stock Bribery

In 2007, Supreme Court and the Supreme People's Procuratorate jointly issued the "Opinion", which article 2 clearly states:dry stock bribery is not funded and receive the shares. National staff jobbery to seek benefits for the trustees, as trustees to provide the dry shares bribery, to be punished bribery. For registration of transfer of equity, or shares of the relevant evidence that the actual transfer took place, when the amount of bribes accepted by the transfer value of shares, the dividend yield advantage by bribery deal. Not the actual transfer of shares in order to obtain benefits on behalf of stock dividends, the amount of actual profit amount shall be recognized as a bribe. It can be said is a big step forward field of criminal law, because, before that, my criminal legislation has not been dry stock bribery provisions, which exist in practice and indeed dry stock bribery, corruption and so on dry stock. However, the author found that "opinions" on the trunk-bribery provisions are too simple and general, on the judicial bribery investigation of dry stocks created some difficulties, this paper proposed the following sections of the performance shares bribery related issues.Partâ… :trunk-definition, characteristics, classification. "Opinion" article states:dry shares is not funded and receive the shares. This definition is for a special subject, namely, national staff, in fact referred only to a dry shares-the power of dry stock. The daily lives and on the dry share has a different understanding of technology can be divided into dry unit dry unit dry unit employees, the power of dry shares. The first two dry shares is permitted by law, the latter is what this article is prohibited by law dry shares, this section is to dry shares from the definition of specific characteristics, strict distinction between the dry stock, so clearly the power dry shares is the object of this paper.Partâ…¡:Qualitative problems of dry shares bribery. First of all, the major countries from the two legal provisions on bribery content start, that the provisions on bribery have gradually expanded the content of the trend, China will strictly limit the contents of bribery property is no longer realistic, the trend changes and legislation, but also with China's accession "United Nations Convention against Corruption" not in compliance. The resulting "dry shares" of such property is different from the traditional property interests, the content can be used as bribes in the criminal law be clear..In addition, our shares on the dry nature of bribes identified, has undergone a qualitative characterization of the disciplinary actions unknown to the crime and then to the process, which, I believe that can not be generalized, it should be different, according to the principle of the unity of subjective and objective, in Stem Crime Unit found bribery case elements can be identified as criminal, the other hand, can only be recognized as a discipline.Part III:the amount of dry stock bribery crime. For the performance shares bribery no other problems other sub-chapters the author argues, but in this chapter and the amount of performance shares bribery crime linked with research, because the crime of bribery in the calculation of the amount of dry stock, need to consider and performance shares bribery offering bribes range of issues, mainly related to dry the eligibility of shareholders, shareholders of the funding problems of dry, the nature of the dividends, etc., these have brought the judicial practice of the identified problems. Because the "views" provided only accepting bribes in setting up, so this part of the shares of accepting bribes to the typical dry, to dry the amount of shares of bribery crimes as a starting point a detailed analysis of bribery by the amount of performance shares related issues raised in order to Further, under different conditions the amount of performance shares bribery computational problems.