Legislation Limitation And Improvement About Commercial Bribery In China

Since the adoption of the open and reform policy, our country's economic and social development has achieved remarkable achievements, however, Chinese commercial bribery continued to spread and even became one of the hottest and difficulty problems. Commercial bribery is a new type of economic crime with serious social harm, it disrupts commodity normal operation of the economy order, violates the fair competition in the market order and the right of consumers, Causes a series serious impact on the health of China's market economy development. The widespread of Commercial bribery in our country is the result of comprehensive factors, however, the legal loophole of commercial bribery crimes punishable criminal legislation and related legal system is one important reason. To sum up, I think it is very necessary to carry on discussion and research to this problem ,this paper discusses the scope of commercial bribery crime in China, introduces the present situation of China's commercial bribery and reviews the history of criminal legislation about the the commercial bribery crimes of our country. Meanwhile, by contrasting international mature legislative experience, it will point out the defects and deficiencies of the crime legislation and put forward my own idea about the criminal constituent and the penalty Settings etc.This paper is divided into three parts as follows:Chapter one: Firstly, this chapter introduced the legal definition of commercial bribery: the commercial bribe is refers to the operator for to strive for the transaction opportunity, gives other correlation personnel in secret which the transaction opposite party concerned personnel and can affect the transaction by the belongings or other advantage behaviors. Secondly, this chapter Analyzed the difference between commercial bribery illegal act and commercial bribery crime, Not all commercial bribery illegal act constitute commercial bribery crime, only the harm to society have attained a certain extent, should it be criminalized, otherwise, it will be illegal to be a civil or administrative action. Thirdly, while maintaining of commercial bribery, we should base on case facts and comply with legal stipulation rigorously,studies of the commercial bribery constitutions helps us to distinguish crime from noncrime, so this paper analyzed the composition elements of commercial bribery in this section. Fourthly, this paper overviewed the historical process of criminal legislation on commercial bribery crimes in china since 1949.Chapter two: Firstly, after comparing with legislative models in western countries and international legal documents, this paper pointed out the deficiencies in existing commercial bribery legislation. For example: the main body of Chinese current regulatory system is quiet narrow; the coverage in"bribe"contents is too narrow; the death penalty setting is unreasonable; The crime of accepting bribes and bribery sentences are not balanced, etc. Discussion of these deficiencies will not only make us more clear but also for the improvement to the guidelines below.Chapter three: This part mainly discussed Chinese commercial bribery legislation. First, in the improvement of the charges on the units of bribery, we should set the bribery crimes of bribing foreign officials or international organization officials, so that criminal charges of commercial bribery system even better. Secondly, in the Elements of perfection, we should expand bribes content and scope and abolish the requirement of seeking interests for others in accepting bribery. Finally, modify commercial bribery crime punishment Settings. We should increase penalties for the use of torture and qualifications and abolish the death penalty; balance equilibrium bribes and offering bribes sentencing amplitude, further perfect our country commercial bribery crime punishment system. and further improvement of Chinese commercial bribery,the penalty system.Through three aspects of research, this paper tried to make the Chinese commercial bribery crime legislation more perfect. Of course, because of the weak theoretical foundation as well as knowledge shallow, I have many problem cannot be solved unavoidably. But I hope that this article only to the study of commercial bribery. This is the value of this article.