Research On The Regulation Of Criminal Law Of Unauthorized Transfer Of Others' Stock Right

In recent years,cases of unauthorized transfer of other people's shareholdings have been on the rise.Judicial practice and theoretical circles have mixed attitudes to these cases.Some believe that only civil tort disputes can be handled,while others believe that criminal investigation should be pursued,but in criminal prosecution.There are also divergences in the choice of crimes,including crimes of encroachment,crimes of occupation,fraud and theft.The main reasons for these disputes are that,on the one hand,there are disputes over the stock right of the change in the internal and external registration of equity on the stock right of the property rights law and how the equity changes occur,leading to whether the unauthorized transfer of others' equity is criminal law infringement,compliance with the constituent requirements,and The punishability of the penalty is controversial,resulting in disputes between criminals and regulations;on the other hand,whether the equity belongs to the property of the shareholding unit,the role of the company and the industrial and commercial registration department in the registration of equity changes,and whether the equity can become a certain The objects of these property crimes are controversial,resulting in differences in the choice of criminal charges.Under normal circumstances,the perpetrator transfers the stock rights of others without the control of the purpose of illegal possession.Because the behavior does not meet the requirements of the non-transferable possession of the crime of embezzlement,it cannot be convicted and punished by the crime of embezzlement;due to the equity held by the shareholders The personal property of the shareholder is not the property of the unit,so it cannot be regarded as the crime of occupation of occupation;because the industrial and commercial registration authority and the company do not have the power to change the shares of others,the act is not a triangular fraud,and therefore does not meet the requirements of the crime of fraud.The crimes of theft include property interests,and the act transfers the victim's possession of the property interests.Therefore,it complies with the requirements of the crime of theft and should be regulated by the crime of theft.When the perpetrator is a named shareholder,the act of unauthorized transfer of the shares of the hidden shareholder is unauthorized.Since the apparent shareholder has kept the shares of the hidden shareholder due to the fiduciary relationship,the act of unauthorized transfer of the shares of the hidden shareholder manifested by the shareholder manifests that it does not have a return.Means that it meets the requirements of the crime of embezzlement and can be regulated by the crime of embezzlement;for the behavior of the parent company's delegation to a subsidiary company to engage in equity management affairs of the parent company to transfer the equity of the subsidiary company held by the parent company without authorization,the perpetrator used the The convenience of holding a certain position in the parent company has embezzled the property of the parent company,and should be convicted of corruption or occupation embezzlement according to whether it is a national staff member.