Study On Commercial Bribery Crime

Commercial bribery is a kind of social phenomenon occurring in economic field, which can cause huge destruction to society, such as has an awful affect toward our nation's revenue, blocks the development of economic, breaches normal social economic relationship and relationship among people, and is harmful to the establishments of Harmonious Society in our nation. Commercial bribery has been aroused attention of the whole society. Nowadays, according to the proposition of the authorities, control of commercial bribery is setting up to work. But the present law and regulations in China is not consummate. There are some problems to be solved in there. In my dissertation, I will find out the reason of commercial bribery occurs, and illuminate negative affect of it, enumerate the ways how foreign countries solved it, and find out the deficiency in our present law and regulations in accordance with the terms in the UN Convention Against Corruption. The confine of the mens rea and the criminal object in Chinese present criminal law is too narrow and is difficult to punish this kind of offence. So I tried to redefined commercial bribery, focused on analysis of criminology in offence of commercial bribery, and detailed on the four elements of the offence of commercial bribery, especially on the mens rea and actus reas. In the end, considering the situation in China, rectify the regulations in our criminal law which has deficiency. And enhance international cooperation, accord with the UN Convention Against Corruption, rectify the Anti-illegal Competition Law in China, ensure justice and legality in market competition and suggest to establish a anti-offence of commercial bribery law according to our nation's situation.