Analysis Of Performance Shares Bribery Crime

Our country spares no effort to combat bribery crime. However, with the development of the economy and society, the capability of counter-detection of the perpetrators in bribery cases is improved, and manifestations of the bribery crime become more hidden. Then the performance shares bribery appears under such circumstances. The performance shares bribery crime is identified for the first time in the on the Problem of Applied Law for Handing Bribery which was jointly issued by the Supreme People's Court and the Supreme People's Procuratorate in July 2007. Moreover, the understanding of the theory and practice about performance shares bribery is not so perfect that the legislation against this bribery needs further to be improved, because the performance shares bribery crime is still a new form bribery crime. This paper is focus on the analysis of the unique features of performance shares bribery crime on the basis of the understanding of the relevant laws and forms for the performance shares bribery crime. Besides, consummated crime and the amount of taking bribes are discussed during the process of identifying crime. Besides, some problems needed to be concerned are also pointed out. On the basis of the study of the theory from many senior scholars, the paper intends to give some suggestions to publish the performance shares bribery crime, and hope to be beneficial in judicial practice.The current new situation of the taking bribery crime in our country is mainly introduced in the introduction. And there are five parts in this paper addition to the introduction and conclusion.Firstly, the overview of the performance shares bribery is introduced. There is not only the content of the shares and the difference between the shares and the similar concepts, but also the preliminary understanding of the performance shares bribery crime.Secondly, manifestations and the unique features of performance shares crime are included. This part is focus on the unique features of the target of the performance shares bribery crime. Thirdly, how to identify the performance shares bribery crime is mainly discussed in this part. Whether shares is in the scope the taking bribery crime, shares value and the identification of the taking bribery amount, and the problems about the consummated crime and attempted crime are analyzed.Fourthly, some problems needed to be concerned are pointed out in the course of the performance shares bribery crime to be identified. The boundary of performance shares bribery and performance shares dividends bribery, and the differences between perform acne shares and transactional bribery is both included in this part.Lastly, this. part aims the legal regulations of the performance shares bribery crime. This part attempts to find a solution from the perspective of legality, and stresses that those who accepted bribes and briber are both punished. The improvement of the mechanism and preventive measures are also important.The conclusion mainly discusses the present situation in our country, the hope and imagination of the author.