Research On Bribery Crime Of "Accepting Performance Shares"

Accepting performance shares is a manifestation of the crime of bribery.The relevant judicial interpretation of the Supreme People’s Court clearly defines the act of accepting performance shares as a crime of bribery.The bribery crime of "accepting performance shares" is a complex criminal phenomenon.In judicial practice,there are many problems about the application of law,and people have significant differences on these problems.When dealing with the "accepting performance shares" bribery crimes,in order to distinguish between market economy behavior and bribery behavior,we should define the concept of "accepting performance shares" bribery crime and the concepts of dividend,fruits,production and operation income,registration and transfer.The behavior types of "accepting performance shares" bribery include the types of accepting performance shares of listed companies,non-listed companies and economic entities without registered capital.The judicial cognizance rules of three kinds of bribery crimes of "accepting performance shares" should be clarified.In judicial practice,many difficult problems about "accepting performance shares" bribery crime still need to be deeply studied.There are six difficult problems in judicial practice,such as the difference between "accepting performance shares" bribery crime and ordinary bribery crime in conviction and sentencing,the identification of participating in business profits after accepting performance shares,the identification of joint crime,accomplished and attempted.They are many problems need to be studied and solved.Through the in-depth study of the judicial practice problems of "accepting performance shares" bribery crime,we should make a reasonable evaluation and analysis of the criminal law provisions and judicial interpretation of bribery crime,and put forward solutions to various judicial practice,so that,we can deal with the legal application of "accepting performance shares" bribery crime better.