On Performance Shares Bribery

With the social and economic rapid development, the emergence of new trends in crime of bribery, the form of crime is more and more complex, Performance shares bribery crime type is the inevitable result of social progress. Bribery crime is actually a kind of economic crime, is a national public officials using the convenience of duty implementation. One of the world’s range will be listed as severely crack down on bribery crime, China in the fight against the crime of bribery is always spare no effort in the aspects of. In order to effectively and timely investigate and deal with this new type of bribery crime, China in 2007 July, the Supreme People’s court, The Supreme People’s Procuratorate jointly issued "on the handling of some issues concerning the application of law in criminal cases of bribery opinions"(hereinafter referred to comments), This is my first time on the performance shares bribery crime related instructions, But the general provisions, In the judicial practice in the cognizance of this crime are still problems, We should further improve the legislation of bribery crime stock, Supply their deficiency.For a better understanding of performance shares bribery type, In this paper, the traditional theory of bribery crime as a guide and combined with the "opinion" the provisions of article second, Aiming at the performance shares bribery crime in the identification of the, Putting forward your own opinions, In order to better guide practice into practice.This paper will research on the performance shares bribery crime from five parts.The first part is the concept and characteristics of knowledge work performance shares bribery in, Work is divided into social recognition, Prohibited by law, and criminal law in the sense of dry stock. Focus on understanding the meaning of criminal law shares, and summed up with the characteristics based on its concept and work in the company law on the characteristics of. The constitution of a crime and the type of the second part respectively from the bribery crime stock perspective describes how to define the crime of bribery in stock. The third part is the calculation method of how to define the performance shares bribery crime form and the amount of bribery. This part of shares transfer according to whether to distinguish the accomplished crime and attempted to confirm whether the bonus situation and the calculation of the amount of bribery. The fourth part describes the foreign and Chinese regulations on the crime of bribery, The fifth part in the study of foreign legislation and the reference of many scholars "views at the same time, Combined with the actualstatus of legislation of our country, Aiming at the performance shares bribery crime legislative proposals of their own, Hope in the future can be adopted in judicial practice.