If it is a civil lawsuit, the other party's request for rebate will not be supported, because the rebate behavior violates the Anti-Unfair Competition Law.
However, if it is a criminal lawsuit, it is suggested to actively cooperate with the public security organs and the procuratorate to reach a criminal settlement and strive to reduce the punishment.
Legal analysis
Taking kickbacks must first constitute a crime, and then it may constitute a crime. To determine the penalty rebate, we must first look at which two subjects the "rebate" comes from. Under normal circumstances, if the party receiving kickbacks is an ordinary citizen, it only constitutes that the party giving kickbacks violates the anti-unfair competition law and does not constitute a crime.
However, if the party receiving the kickback is a national staff member, a company, an enterprise or a staff member of other units, it may violate the Anti-Unfair Competition Law, or it may constitute a series of crimes of "bribery"-specifically, according to the judicial interpretation, if it is a national staff member, the amount is more than 30,000, while if it is a staff member of a private enterprise or other units, the amount is more than 60,000, which can meet the filing standards. According to laws, regulations and documents, 198 1 the State Council's notice on stopping unhealthy trends in commodity circulation prohibits kickbacks in various names, so citizens must realize the illegality of kickbacks.
Whether it is a private enterprise or a public enterprise, whether there is a "kickback" in the contract or not, from a civil point of view, a contract that violates public order and good customs and mandatory provisions of the law is invalid, so the court does not protect the creditor-debtor relationship arising from the agreed kickback behavior. The act of "taking kickbacks" is illegal and will be treated as a crime (in most cases, the company will make a criminal settlement, which may lead to employees being exempted from actual punishment.
legal ground
Article 7 of the Anti-Unfair Competition Law of People's Republic of China (PRC) shall not bribe the following units or individuals with property or other means to seek trading opportunities or competitive advantages:
(1) The staff of the counterparty;
(2) Units or individuals entrusted by counterparties to handle relevant affairs;
(3) Units or individuals that use their authority or influence to influence transactions.
In trading activities, business operators can pay discounts to counterparties in an express way, or they can pay commissions to middlemen. If an operator pays a discount to a counterparty or a commission to an intermediary, it shall be accounted for truthfully. Operators who accept discounts and commissions should also record them truthfully.
Article 163 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, extorts or illegally accepts other people's property and seeks benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined. Employees of companies, enterprises or other units who take advantage of their positions in economic exchanges and accept kickbacks and service fees in various names in violation of state regulations, which are owned by individuals, shall be punished in accordance with the provisions of the preceding paragraph. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.