Author(s): LI Fang-fang
Pages: 76-79
Year: 2015 Issue:  4
Journal: Journal of Huaihua University
Keyword:  national staff; advantage of duty; dry stock bribery; categorization;
Abstract: At this stage ,the national staff accepting dry stock to seek benefits for trustees has become one of the typical behaviors in bribery crime .Dry stock bribery presents in a variety of forms in practice like no fund type ,part fund type ,fund type by “borrowing” ,low- cost transfer type , capital stock and dividends disparity type , transfer type by using the “shell” , increasing dividend type , etc .Thinking of and analyzing conviction and sentencing for these seven typical behaviors , this paper puts forward that whether the behavior constitutes a crime depends on whether the national staff go in with the advantage of duty and whether there are money transactions .The determination of the amount of the bribery should be combined with the essential attributes of dry stock and dividend and distinguish dry stock as bribery and ordinary stock .The dividend with the essence of bribery should be identified as the amount of bribes .