Research On Criminal Law Regulation Of Commercial Bribery Crime

Commercial bribery is a widespread development of a world"cancer"which is hidden in the business and serious threat to the order of market transactions. In recent years, this"cancer"breeds and spreads in all areas of our country, and has become an unspoken"norm"and the"hidden rules"in the market, which not only seriously undermine competitive and equitable trading order of China's socialist market economy, but also destroy the country and clean government. Therefore, China pays more and more attention to the management of commercial bribery, particularly against commercial bribery crime, and through continuous improvement of legislation and judicial interpretation to strengthen the Criminal Law of such crimes and combat intensity. However, the form, means and content of commercial bribery has diversity in the actual life, we still encounter a lot of shortage of application of law and Criminal Law system in judicial practice. In this regard, this article suggests the improvement of the legislation of commercial bribery crime in China from current legislation of commercial bribery crime in China and the status of commercial bribery crime legislation in the international community, and through the form of commercial bribery crime characteristics, compared to Criminal Law regulation of commercial bribery crime in the international community. This article is divided into four parts:The first part is giving a broad overview of two aspects including the production of commercial bribery crime and the legislative status of commercial bribery crime. In this part, the legislative status of commercial bribery crime is described separately from three areas including foreign countries, the United Nations and other international organizations and the state of our country. And compared to the international legislation status, it states that Criminal Law regulation has some deficiencies in the crime subject, object and other aspects of commercial bribery crime in China.The second part is giving a concept analysis of two aspects including the definition of the commercial bribery and the definition of the commercial bribery crime. In this part, it lists a number of different ideas of the concept of commercial bribery in the theoretical field, and put forward the writer's view that the current law provisions of the regulations for commercial bribery could not completely cover and define the concept of commercial bribery, and it should be understood in a broad sense from analysis of basic characteristics of commercial bribery. The writer also states that the concept of the commercial bribery crime should be different with that of commercial bribery, and gives a definition of the concept and scope of commercial bribery crime by analyzing from the narrow sense and the broad sense and combined with current laws and the judicial practice needs.The third part is an analysis of the crime elements of commercial bribery crime involving the crime object, objective aspect, subject and subjective aspects. In this part, among the crime object, it states different theoretical perspectives, and gives the writer's view that the crime object of commercial bribery crime is complex which both undermines the competitive and equitable trading order and violated the integrity of the personnel office. Among the crime objective aspect, it mainly describes the three aspects including behavior characteristics, the definition of the scope of crime targets and the understanding of the"seek benefits for others". Among the crime subject, it describes the understanding of three aspects including accepting bribes crime subject, offering bribes crime subject and introduction bribes crime subject though analyzing different points of view in the theorists. Among the crime subjective aspects, the writer's view is that it can only be constituted by intent. And it is stated the view of the issues including the"awareness factor"and"will factor"of the accepting bribes crime subjective aspects, the"improper benefit"of the offering bribes crime subjective aspects and the"knowingly level"of the introducing bribes crime subjective aspects.The last part is according to the needs both of long-term management of commercial bribery crime and of practical judicial proceeding, and compared to Criminal Law regulation of commercial bribery crime in foreign countries and the United Nations, then the writer suggests that it can be improved the legislation of commercial bribery crime from the aspects of crime subject and object. In this part, it suggests firstly that the scope of commercial bribery crime targets should be expanded from the property to include non-property interests, secondly that the scope of commercial bribery crime subject should be extended, including extending the scope of commercial bribery crime unit subject and extending the scope of commercial bribery crime subject to international subject, finally that the mediation bribery of non-national staff and the use of influence bribery should be regulated by the Criminal Law.