The Research On Commercial Crime Of Bribery

The crime of bribery has a long history. The commercial crime of bribery appeared in the capitalist country. With the economic globalization, the commercial crime of bribery spreads rapidly over the whole world. The commercial crime of bribery not only destroys the market competition order, but also causes corruptions, and serious social crisis. So it is necessary to study the commercial crime of bribery, modify the relevant laws and regulations, especially criminal law and perfect the structure of the commercial crime of bribery. Especially in contemporary China, we should launch the research on the commercial crime of bribery, which has important rhetorical and practice meanings.Now, there are many theories about the crime of commercial crime of bribery both at home and aboard. But those theories can't arrive at agreement about some key questions, such as" the meaning of commercial crime of bribery "," the range of commercial crime of bribery "," the commercial crime of bribery and relation which the commerce bribe", etc. The author thinks that the foundation of studying commercial crime of bribery is the correct meaning and range of the commercial crime of bribery. The definition of the commercial crime of bribery is seeking bribes, accepting bribes and bribery-pander in order to have the trade chance or the favorable competition condition in the commercial affairs.This article is divided into four parts. The first part has defined the meaning and range of the commercial crime of bribery, put forward some incorrect understanding to the commercial crime of bribery of people; Second part has explained the constitutive elements of crime important document of the commercial crime of bribery in detail , point out that the commercial crimes of bribery is a concept which is similar to " economic crime ", a general name of the phenomenon of three kinds of crimes of bribery; The third part introduces commercial legislative modes of crime of bribery of China and foreign countries of comparison briefly. The purpose of the commercial crime of bribery legislates is to safeguard the arm's length dealing order of the market, prevent illegitimate competition from occurring. The fourth part is the most important paragraph of this article. This part discusses various kinds of commercial crime of bribery legislate mode, draws a conclusion that perfecting existing law instead of new legislation is more superior, and we should perfect the commercial crime of bribery and legislate from the criminal law .