A Discuss On Performance Shares Bribery

Performance shares bribery become the new situation in the crime of bribery in recent years. performance shares are stocks obtained without actual financial contribution. This text take the crime of taking bribes as a theoretical basis, expatiate the following step by step: whether the performance shares belong to the targets of the crime of taking bribes crime , whether the performance shareholders are eligible, whether the crime of performance shares bribery succeed or attempted ,the judiciary cognizance of the counting of crime amounts, and analysis the problem about the stock recovery legislatively, put forward the author's simple but perfect propose.The crime of taking bribes in Bribery is not limited to property, including property interests. performance shares bribery ,the doer accepts whether investor certificate, or stocks, both embody the property interests and belong to targets of the criminal offense of bribery. The doer obtain benefits in form of receive performance shares, if such acts accord with the crime of taking bribes to the elements, constitutes a crime of accepting bribes.In the judiciary cognizance of performance shares bribery, whether the perpetrator after receiving performance shares is eligible shareholders. The author think that the criminal acts focused on the real purpose of human behavior, the study of objective facts, the post of doer as prices, authority trades property, not grant the identity of shareholders'qualification. In the patterns of crime, performance shares bribery is based on the stock acception of the doer, instead of cash-form of performance shares into money or goods. As to fake performance shares which can not make legal effect of registering transfer or actual transfer, and in which the undividend stocks cannot be treated as birbery attempted, otherwise cognizance of the crime amount is according to the dividend. The cognizance of the counting of crime amounts is according to time ,mode of the doer's taking bribery ,also combining with the transferring .At present, China's criminal law regulate measure punishment of the crime of taking bribes according to the sentencing phase of the crime of corruption standards, due to the diversity of bribery,corruption in several aspects such as subjective hostility,against the object, behavioral manners, moreover there are flawsin in the law regulate measure punishment such as serious crimes,sentencing grades overlapping. this text put forward a perfect proposal of the bribery cognizance in reference to the foundation of prescriptive punishment in modern countries .confiscate the acquired performance shares after the crime. In view of the failure to prescribe the recovery of the stock ownership, this text put forward the specific procedural framework of the recovering of the ownership of the performance shares, referring to regulations of company law and people court in compulsory executive of stock.