On Performance Shares Bribery

Performance shares bribery crime has became a new form in crime of bribery recent years, This article focuses on an overview of performance shares, performance shares proposal of bribery, the constitution and the amount identified of the crime.Criminal law crime of bribery in China targeted property, from the property and interests of conceptual terms, the performance shares do not belong to the scope of property, but belongs to the property interests in judicial practice. As the description and understanding of the performance shares differe, a judicial cognizance of misunderstanding results.And this paper carried out a detailed explanation. The existence of the performance shares is reasonable and necessary, but if there is power in the form of shares, they should become an object of attack by China's Criminal Law.Due to the lack of relevant laws, regulations and judicial interpretations, accepting acts of performance shares had been a disciplinary theory in the past.Until recent years, with a large number of national staff corporating shares and leading to serious consequences, Performance shares of bribe becomes a new type of bribery crime by the "two high" in the judicial explanatory paper.Therefore, the type of performance shares bribe is essentially bribery. There is no difference of the constitution between performance shares bribe and ordinary bribe.Performance shares bribery is a form of bribery,and the amount of taking bribes has significant value to the establishment and the penalties of the crime., and the amount of performance shares bribery has unique features. From different types point of view, it can be divided into a capital relying on performance shares, non-capital backed shares and shares of a shell company; From different companies point of view,it can be divided into limited liability company and Company Limited; from the investment point of view, It can be divided into having been funded and no-owned by shareholders. For low-cost shares of the transferee of shares, it belongs to a type of bribery as well.