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对于教育局在订购教材教辅中收受新华书店折扣的行为是否构成商业贿赂及处罚是否合法存在争议。在认定事实时,合法折扣与违法回扣应予区分。回扣与折扣都是经营者一方给另一方以利益,但回扣是帐外暗中给与,是商业贿赂,给回扣是贿赂,收受回扣是受贿;而折扣是以明示方式给予,双方如实入帐,是合法行为,给折扣不犯法,收折扣不违规。
There is controversy over whether it is legally possible for EDB to receive a discount from Xinhua Bookstore in ordering materials and teaching materials whether it constitutes a commercial bribe or not. In determining the facts, the legal discounts and illegal rebates should be distinguished. Rebates and discounts are the interests of one party to the other. However, the rebate is given in secret from the outside of the account. It is a commercial bribe. The rebate is a bribe and the rebate is a bribe. The rebate is given in an explicit manner, Is a legal act, the discount does not break the law, the discount is not illegal.