Do buyers get kickbacks how to punish

According to the provisions of the relevant laws of China, the buyers get kickbacks are commercial bribery, the circumstances are serious will constitute a non-state staff bribery, can be held criminally responsible.

"Provisional Provisions on the Prohibition of Commercial Bribery"

Article 5 of the account secretly give each other units or individuals kickbacks to bribery; each other units or individuals in the account secretly accept kickbacks to bribery.

The provisions of the so-called kickbacks, refers to the operator in the sale of goods off the books secretly in cash, in kind, or other ways to return to the other unit or individual a certain percentage of the price of goods.

The provisions of the so-called off-the-books, refers to the establishment of its production and business activities in accordance with the law to reflect the administrative expenses of the financial accounts in accordance with the provisions of the financial accounting system clearly and truthfully recorded, including not recorded in the financial accounts, transferred to other financial accounts or false accounts, etc..

Article IX operators in violation of the provisions of the sale or purchase of goods by means of bribery, by the administrative authorities for industry and commerce in accordance with the "Anti-Unfair Competition Law," the provisions of Article 22, depending on the circumstances of the fine of 10,000 yuan or more than 200,000 yuan, there is illegal income, it shall be confiscated; constitutes a crime, the transfer of the judicial organs to be held criminally responsible.

The relevant units or individuals to buy or sell goods to accept bribes, by the administrative authorities for industry and commerce in accordance with the provisions of the preceding paragraph shall be punished; constitutes a crime, the transfer of the judicial organs to be held criminally responsible according to law.

Confirmation of commercial bribery

In practice, the following behaviors are usually recognized as commercial bribery:

1, give or receive cash bribe;

2, give or receive a variety of fees (promotional fees, sponsorship, advertising and publicity costs, labor costs, etc.), red packets, gifts and other bribery;

3, giving or receiving securities (including bonds, stocks, etc.);

4, giving or receiving in kind (including a variety of high-grade living goods, luxury consumer goods, handicrafts, collectibles, etc., as well as housing, vehicles and other bulk commodities);

5, in other forms of giving or receiving (eg, debt relief, the provision of guarantees, free entertainment, travel, study tours, and other property benefits, as well as schooling, honor, Special treatment and other non-property benefits);

6, giving or receiving kickbacks;

7, giving or receiving commissions are not truthfully accounted for, under the guise of commissions in the name of commercial bribery.

However, in practice, even with these behaviors, but to constitute commercial bribery, then, you also need to meet the following behavioral characteristics:

1, the subject of this crime is the operator, the bribe that party is a unit or individual.

The operator as the subject of commercial bribery is not limited to legal persons, in addition to legal persons, including other organizations and individuals. Legal persons are not limited to enterprise legal person, including legal persons engaged in business activities of institutions, social organizations.

2, the purpose of commercial bribery for the sale of goods or purchase of goods, that is, in order to achieve business purposes, through bribery, to obtain a competitive position superior to other operators.

3, there are two types of means, namely, financial means and other means. Of course, commercial bribery and other bribery are all part of the scope of bribery, violation of criminal law are to be given criminal sanctions, but in the administrative responsibility is different, commercial bribery by the industrial and commercial administrative organs in accordance with the (Anti-Unfair Competition Law) to give administrative penalties, and other bribery to be subject to party disciplinary and administrative disciplinary sanctions.

And in accordance with the provisions of the company, enterprise or other units of the staff of the use of the convenience of their positions, soliciting other people's property or illegal acceptance of other people's property, for the benefit of others, or in the economic transactions, the use of the convenience of their positions, in violation of state regulations, accept all kinds of nominal kickbacks, fees, to the individual, the amount of more than five thousand dollars, will be filed to pursue the case.

The above knowledge is my answer to the relevant legal issues, according to the provisions of relevant laws in China, the purchaser accepts back is a commercial bribery, the circumstances are serious will constitute a non-state staff bribery, can be held criminally responsible.