The Study Of Several Problems In The Crime Of Commercial Bribery

As the development of market economy, the hazardness of commercial bribery to the society is becoming more and more evident. Meanwhile, its modality is also trending more diverse. There are several reasons why we could not effectively govern this behavior: the transforming social economic system, the imperfect laws and regulations, people's innocence to the laws and the insufficient understand to the nature of commercial bribery. The writer has been working in the area that relates to bribery and corruption crimes for a long time. He feels that China is facing a baptism in governing commercial bribe during the social transformation period. The crime of commercial bribery is a vital part of commercial bribe. The crime of giving a bribe occurs at the same time as the crime of taking a bribe in commercial bribery. This article aims to study the crime of taking a bribe, because it is getting more social attention, more harmful to the society and more complicated in the nature than the crime of giving a bribe. The author does believe that it is significant to correctly learn the crime of commercial bribery when governing the commercial bribery.The subject of crime contains government employee and non-government employee. According to it, the existing criminal law judges the punishment of the criminals in the crime of commercial bribery. It also stipulates the common criminal behaviors. However, the classification of the study of the commercial bribery bases on different sorting ways. The commercial bribe is relative to political bribe. This article will mainly discuss three most controversial problems in this crime.First is the study of the subject of crime. At present, there is no stipulation about the crime of commercial bribery in the accusation of criminal law in our country. Therefore, we should firstly find the corresponding accusation when studying it. The classification of accusation in terms of bribery is based on the different subjects of crime in our criminal law. Obviously, it is vital to study thoroughly the subject of crime to judge the corresponding accusation. Second, this article will discuss the bribe extent of commercial bribery, with the writer's suggestions and views on the basis of former views. Last is the study of its objective aspects, to discuss what making use of the duty is. It is different between the government and non-government employee in this aspect. It would be helpful to differentiate them for us to define the objective aspects in commercial bribery.Generally speaking, the writer will discuss the most controversial questions in commercial bribery theoretically, in the hope of helping govern the commercial bribery in the real world.