Study On The Determination Of Performance Shares Of Bribery

Accepting bribes Performance shares is a type of bribery with new manifestation,this paper will be centered on receiving bribes to Performance shares.Introduction part gives introduction to the background of Performance shares of bribery as a new form of bribery.The purpose and innovation of writing this paper.The article argues that,according to the regulation of the supreme people's court,the supreme people's procuratorate on the criminal case for bribery opinions on some issues of applicable law to Performance shares of bribery in 2007.It is necessary and timely,for judicial practice to exert an enormous blow to the behavior of Performance shares of bribery and corruption in judicial practice.But this opinion in provision 2ed is not detailed,some principles and regulations are lack of maneuverability,for in judicial practice all kinds of Performance shares of bribery problems can not be solved and there are not enough perfect determination standards,and the judicial practice still faces many problems.So it is necessary to proceed with research and discussion.The first part of Performance shares taking bribes from with the SINS of the definition.First of Performance shares,criminal law in the sense of Performance shares for defined clearly in this paper for the object Performance shares power.The Performance shares taking bribes and is not a crime Performance shares of bribery and corruption from general discipline and Performance shares of bribery and state personnel profit contribution limits behaviorThe second part to accepting bribes Performance shares type of that amount,first introduced from Performance shares that type of the amount of corruption that premise,from how to understand "from" and equity transfer whether this paper.Secondly introduced from Performance shares type of bribery amount to calculate the benchmark of time,finally to accepting bribes Performance shares type to the amount of the general situation and the difficult situation points that situation.The third part of accepting bribes Performance shares affirms accomplishment and the attempted.Whether the actual control is accepting bribes Performance shares of accomplishment and the attempted the cognizance of the standard,if bribee have actual control of the shares of stock to actual possession and earnings,for this situation is identified as Performance shares bribery of accomplishment,if bribee and no actual control shares,have no access Performance shares represents the related rights,is recognized as Performance shares attempted bribery.The fourth part analyzes the Performance shares accepting bribes type joint crime.Introduced the judicial interpretation on bribery the relevant provisions of the joint crime,with specific party accomplice question was established.The fifth part introduces the Performance shares accepting bribes and transaction type of bribery,Performance shares accepting bribes and transaction type of corruption existence easy sometimes it is difficult to distinguish.The situation is mainly refers to the situation about part of their investment is to belong to receive Performance shares type or transactional bribery problem.The end points out that this article is intended to provide a confirmative thinking and direction for judicial cognizance of this new crime.