On The Identification Of Bribery Of Free Obtained Shares

The bribery of free obtained shares is a new type of bribery in recent years, by which the bribers and bribees escape the criminal punishment. The shares in the bribery of free obtained shares only refers to those of the limited liability company or the incorporated company. Accepting the so-called "shares" of non-corporate or partnership company does not fall within the bribery of free obtained shares, therefore it should be handled as a general type of bribery. In legal nature, no matter whether the company is legal or illegal, if it is registered as a company and public officials accept its shares, the bribery of free obtained shares will come into being. In another word, in the bribery of free obtained shares, the company should be identified by registration. As to concurrent bribery of free obtained shares, the amount of bribery and its criminal punishment should be determined as bribery of relatively large amount. In the situation that the shareholders of the company haven’t fulfilled or haven’t fully fulfilled the obligations of capital subscription, the determination of the amount of bribery should follow the rule of trending to severity. If the shareholders of the company abuse their rights to harm the interests of the company, the other shareholders or the creditors of the company, the value of the shares should be determined according to the real capital amount. The action of accepting shares can be classified as various types, and the acceptance of shares with some capital subscription of public officials should be treated as dealing bribery. While if public officials accept shares for sale from the bribers, it should be excluded from the bribery of free obtained shares, and the amount of bribery should be determined according to the consideration that the briber should pay when he buys the shares. The determination of the amount of the bribery of free obtained shares should follow the rule of quid pro quo, taking the way of capital amount as exception.The particularity of the bribery of free obtained shares, the new type bribery, rests only with its perplexity and concealment. The bribery of free obtained shares in essence isn’t distinct or even independent from general bribery.