Study On China’s Legal Regime Of Anti-Commercial Bribery Crime

With the deepening of revolution of market economy and opening-up, social productivity has been emancipated greatly. Meanwhile, the social frightfulness breeds tremendously in which commercial bribery crime is the worst cancer to destroy the system of market economy. Experience of most countries indicates that not making measures to limit commercial bribery crime will weaken the domestic companies’ability of international competition and impair our country’s appearance in international stage which will affect the development of economy and harmony and stability of social life.Fortunately, the harm of commercial bribery has impressed the central of Communist Party of China. Anti-commercial bribery was deemed the main contents of anti-corruption and the administrative way of commercial bribery has shifted to address both the symptoms and root causes with the latter mainly. But, the law to attack commercial bribery crime has not framed systematically and also the regulation and policy, which restrict the guard and attack against commercial bribery crime. From the reality of our country’s commercial bribery crime and for the purpose of enacting Anti-commercial Bribery Law nationally, it investigates the shortage of current law and summarizes the successful experience and universal principle. Associating with the need of current law and administrative crime, it also presents constructive suggestions for the system of commercial bribery crime for the reality of our country. Legislative theory and statute of anti-commercial bribery compose this article. In the part of legislative theory, it discusses that the main value of administering commercial bribery is order and values of efficiency and justice. We should combine intendance with encouragement, and hold law, policy and moral to administer commercial bribery perfectly. The Anti-commercial Bribery Law which is an integrated law with criminal, civil and administrative law and punishment, civil responsibility should be enacted. It will be a tridimensional legislative system including Criminal Law, Criminal Procedural Law and Anti-commercial Bribery Law.In the part of statute of anti-commercial bribery,firstly, there are eight fundamental judicial interpretations of Anti-Commercial Bribery Law and it should be added the Crime of Giving Brides to Foreign Official or International Government Official according to the obligations from the UN s Conventions against Corruption. Secondly, through studying the“Prisoners Dilemma”theory we expect to break the confidence relationship between the bribers. Thirdly, ordering to build the“Sunshine Government”,there are some problems should be solved and The Bill of Opening Governmental Information should be improved of, and Official Property Declaration system should be put into practice. Fourthly, it must supervise strictly the state-owned enterprises and the private companies which have deep relationship with social benefits by modifying accounting and auditing system. Fifthly, it studies the installment of legal obligations which includes criminal penalization, administrative penalization and the civil compensation.In the part of Procedural Law, first of all, "Anti-Bribery Committee" should be set which directly response to the National People’s Congress and National Chairman, the commission specialises in prevention and treatment of commercial bribery. Secondly, "the Code of Criminal Procedure" provides power of secret investigating to the Independent Investigation Officer, of which incldes controlled delivery and undercover operations and so on. It is necessary to consider both of the protection of the rights of citizens and the needs of anti-corruption. Thirdly, in order to deal with the difficulty of evidence, the " compulsory of testify" and "criminal defense" system should be established. Otherwise, the burden of proof on subjective aspect should be abolished for reducing the difficulty in proving of the judiciary. Fourthly, we should set up the insider and witnesses reporting system. Fifthly, we should establish the“absence of the trial system”and the corresponding mechanisms for international cooperation.There is no doubt that it is important to respect for existing political syatem and traditional culture, which is benefit for he governace of crime and the construction of harmonious society.