The Judicial Research On Accepting Performance Shares Bribery

For adjusting to the high-strength of anti-corruption,the Supreme People’s Court and the Supreme People’s Procuratorate enacted an Opinion about handling bribery criminal cases in reference to the law,hereinafter referred to as the Opinion,summarize ten new types of accepting bribery,which knitting new net of justice,building new wall to stop corruption.The Article two of the Opinion prevents national staff from changing the bribery shares to legal shares by convicting national staff who accepts performance shares of bribery.However,the Article two is too general to guide the juridical practice.On account of this,this paper tries to structure the concept,features and constitutive elements of the performance shares bribery.It classifies the performance share bribery as three types,which depends on the difficulty of judicial cognizance.It expounds the standard of the crime and non-crime,the accomplished offence and uncompleted offence of accepting performance shares bribery.It states the categorical judgment of the amount of bribery and the boundary of it.The writer wants to structure this paper on basic theory of acceptance of bribes,to give priority to the judicial research on accepting performance shares bribery,to analyze seven types of accepting performance shares bribery,to focus on the disputed questions on judicial practice,and to provide valuable suggestions.