On Performance Shares Bribery

Bribery crime generally refers to the economic crime committed bycivil servant who takes advantage of his position. It is regarded as oneof the severe punishment targets all over the world. To maintain thehonesty of public service personnel and keep normal economic environment,preventing power corruption and striking bribery crime have become theconsistent criminal policy and national strategy of our party and country.With the development of society, bribery crime, of which the substanceis money transaction, has exposed some new situations and questions. Itsmeans and forms are also increasingly covert and complex. To strike thisnew type of bribery criminality effectively, the supreme people’s courtand the supreme people’s procuratorate jointly issued the "Opinions onIssues Concerning the Laws Applied to Handling Criminal Cases onBriberies"(hereinafter referred to as the “Opinions”) on July8,2007.In article2of “Opinions”, there are some relevant stipulations ofperformance shares bribery crime. But in practice, there are still someproblems in such kind of bribery crime. To deepen the understanding ofperformance shares bribery crime and apply it better in judicial practice,the paper tries to take traditional theory of bribery crime as the guide,combined with the regulations in article2of opinions, and come up with some specific views on identification of such crime in order to providesome references for accurate conviction and sentencing in judicialpractice. The research of performance shares bribery crime in this paperhas be divided into the following four parts.Chapter One， expounding the meaning, characteristic and type ofperformance shares. The author defined the concept of performance sharesin the sense of criminal law, concluded the gratuitousness, public powerand imperceptibility of performance shares and induced3types of briberycriminality with case study.Chapter Two，performance shares bribery crime is included in theconstitutive elements of a crime. Consequently, this part only analyzeshow to define the targets of bribery and contribution of capital.Chapter Three， analyzing the judiciary verdict of performanceshares bribery crime. This part discusses the criterion of performanceshares bribery crime of completed and attempted, along with the methodsfor identifying amount of bribery in certain situations.Chapter Four，analyzing some special issues of performance sharesbribery crime, such as companies accept performance shares in case ofexpanding share capital, or suchlike things.