Empirical Study Of Commercial Bribery Prevention

At the beginning of 2006, central authorities had deployed the managing work of commercial bribery. After three years of hard work, commercial bribery prevention work had made some effects, but from the situation of the social reflection and judicature practice, commercial bribery has not been fundamentally curbed, it continued to occur in many areas by a high trend. It has great significance to strengthen the empirical research of commercial bribery, push forward the anti-corruption struggle to achieve social fairness and justice.This thesis is connected with the enforcement practices by the procuratorial authority to explore the effective ways to control commercial bribery; the thesis is divided into three chapters.The first chapter defines the meaning of commercial bribery. Secondly, basing on the cases that investigates and deals with the procuratorial authority to reveal the fundamental situation of the commercial bribery development.The second chapter is from the angle of law to investigate the difficulties of controlling the commercial bribery; it divides into legislation and law enforcement. Firstly, from the angle of legislation, exploring the four factors of the difficulties of controlling the commercial bribery. First, the imperfect legislation on bribery reduces the costs and risks of commercial bribery; Second, the lack of effective connection between administrative enforcement and criminal enforcement which causes many commercial bribery cases to be criminal sanctioned or without any punishment; Third, the market credibility system has not been established, there's little obstacle to enter the market by whom had bribery or other bad unit or individual; Fourth, there is a gray area of criminal enforcement, which the police don't want to control or the procuratorial authority is not convenient to control, to a blind spot of enforcement. Secondly, from the aspect of law enforcement to analyses three influences of the commercial bribery punishment. First,commercial bribery is not often be punished; second, the potency dimension of the punishment of criminal enforcement is weak; Third, the lack of the effective cooperation system among law enforcement, police, and procuratorial authority.The third chapter is about the effective management of commercial bribery. It needs to improve the legislation and strengthen the law enforcement to increase the costs and risks of commercial bribery. In the aspect of legislation, improving legislation of the crime of bribery should be put forward firstly, mainly from the elements that modify the crime of bribery, and improvement of penalty setting of the crime of the bribery; secondly, the spy system of business crime should be reformed.Thirdly, it is suggested that anti-commercial-bribery law should be formulated and enacted, by this legislation, the range of commercial bribery, the main administrative penalties and types will be clear, the connection system between administrative enforcement and criminal enforcement and market probity assessment system should be established. In the aspect of law enforcement, the three aspects of works should be strengthened:first, improving the law enforcement mechanisms of commercial bribery; second, establishing a correct concept of criminal law enforcement; third, strengthening the litigation supervision of procuratorial authority.