On The Judicial Identification Of Dry Shares Bribery

In2007, Supreme Court and the Supreme People’s Court jointly issued the “Opinion”stating dry share bribery. But in practice, there are still some problems in such kind of briberycrime. There are certain theoretical and practical significance to treat the dry shares bribery asthe research object. This paper is to use interdisciplinary research methods and define dryshare bribery. The problems of stock rights actual transfer, amount of crime and so on will besettled in practice. The text is divided into six parts, thirty thousand words in total.Part I The overview of dry shares. In this part, it focuses on the definition of dry shares.In base of the type of dry shares in practice, the concept of dry shares in the sense of criminallaw will be put forward and the three characteristic of dry shares will be concluded.Part II The three forms of dry shares bribery. According to the multiple cases inpractice, three types of performance shares bribery is to be summarized: on real contributionto the standard type, low-cost transfer type and IOU cover type. The key to distinguish thethree types lies in the understanding of the "without contribution", which doesn’t mean totallyinvestment. This differential is supposed to be the amount of bribery if the contribution issignificantly lower than the actual price.Part III The problems of the shares’ actual transfer and the relevant evidence. In thispart, the transfer problems of performance shares under the two types of companies, the legalbasis of the actual transfer and the relevant evidence will be discussed. Criminal law isdifferent from the value of commercial law, which decides that actual transfer is the the onlyeffective elements instead of registration of the transfer.Part IV The determination of the amount of dry shares bribery. This section is the keyof the article. The basic principle of the determination of the amount and the basis calculationof two types of companies will be discussed. At last, in the view of object impossibility, thebonus of non-capital backed shares will be judicature recognized.Part V How to identify that the dividend yield advantage by bribery deal. In the viewof criminal law, the three ideas of crime fruits and the determination of the dividend will bediscussed. It is unreasonable to regard the dividend as the amount of bribery or crime fruits.Thus, splitting this up into cases is required.Part VI，discussing the difference between dry shares bribery and disciplinary offence which lies in the amount or the contribution of capital. As to the accomplished and attemptedbribery standards, The theory of actual transfer and control is to be propound.Starting with the basic conception, characteristic and articles of law, based on the theoryof criminal law and commercial law, this article will make analysis of the judicialdetermination of dry shares bribery combining practice comprehensively and thoroughly. Theessences of performance shares are stocks which is of actual capital. To study dry sharesbribery crime is to have a thorough grasp of nature of power-for-money deal.