Studies On The Commercial Bribery Crime

With the continuing spread of commercial bribery in various fields, and the increase of the damage caused by commercial bribery, people begin to actively discuss how to prevent the serious damage it brings to the social order from the legal perspective. Comprehensive and systematic study on fighting against commercial bribery, especially the commercial bribery crime is an important task and responsibility of legal workers in our country. This article attempts to give some recommendations to control the commercial bribery by the means of the criminal law through specific studies.This article is divided into five parts: 1.the outline of the commercial bribery crime; 2. China's legislative status about commercial bribery; 3. Problems and controversy existing in the management of commercial bribery; 4. Comparative studies of regulations in foreign anti-bribery laws; 5.some proposals about management of commercial bribery. In the first part, I focus on the concept and characteristics of the commercial bribery crime. From the study of its root and the hazards it brings about in the economic, social, legal and other aspects, I discuses the urgency and necessity of active participation in governance from a legal perspective. At the same time, I think that the legal provisions on management of commercial bribery in our criminal law are effective, and therefore we just need perfect the present law instead of separately creating the commercial bribery crime in the criminal law. The second part elaborates on the status of China's criminal law related to commercial bribery. The main objective of the study is to have a clear knowledge of China's criminal law, especially its means of controlling commercial bribery. The third part elaborates on legal provisions of China's current criminal law in punishing and preventing commercial bribery, and points out the controversy about establishment and operation of the specific provisions. The fourth section takes United States, Germany, Japan, and Hong Kong for example, whose experience in management of commercial bribery is successful. I try to find out the advantages and effectiveness of their law system from the study of their legislation of commercial bribery. Part five is the conclusion. On the basis of summing up the results of the study and from the perspective of perfecting our current criminal law and enforcement of it in management of commercial bribery, and actively taking part in international actions of anti-commercial bribery , I come up with some specific recommendations.The focus of this paper is looking for effective methods to control commercial bribery from the study of commercial bribery and related provisions in the Criminal Law. In this paper, the author tries to interpret the problems existing in governance of commercial bribery in the current criminal law from the perspective of management of commercial bribery crime, and through the research and analysis of these problems ,I hope that commercial bribery can be effectively controlled on the basis of improvement on the current criminal law. I hope that this paper can be a useful complement to the study of commercial bribery of China's Criminal Law.