Research On The Crime Of Commercial Bribery

The Crime of commercial bribery is one kind of crime form which along with the commodity economy production and development. The crime of commercial bribery generally exists, but it is prohibited by the Criminal Law of many countries. In our country, the number of the crime has sharply increased with more competition emerging in transaction. In prohibited the rampant the crime of commercial bribe, our country Government various ministries and commissions united the judicial department to Striking against the crime of commercial bribery crime special government, has exposed our country commercial bribe criminal activity rules and regulations insufficiency in this process. In order to meet the realistic need, This article have taking an effort to find out the limitation in legislation, and review some stand points about it through to analyzing foreign laws.This article has used the comparative law, the real diagnosis analysis legal science and many kinds of research technique to consummat the commercial bribery crime criminal activity legislation question. The existing writing mentality first has carried on the limits to the commercial bribery concept, from aspects and so on behavior main body elaborated the commercial bribe characteristic, summarized the commercial bribe several kind of main manifestation, then in the analysis commercial bribe criminal essence foundation, has limited the commercial bribe crime concept and the scope. Afterwards was detailed introduced our country commercial bribe criminal law stipulation historical evolution and the present situation, have analyzed our country commercial bribe crime constitution characteristic; Elaborated our country commercial bribe crime in the judicature recognized disposes with the penalty several questions; Unifies overseas about the commercial bribe crime legislation situation inspection, proposed consummates our country commercial bribe criminal activity legislation the suggestion.Regarding the commercial bribe crime criminal activity legislation perfect suggestion is the article important content and the research conclusion. Analyzes the author through the inspection to believe, our country should from three aspect consummation commercial bribe crime criminal activity legislation: First with emphasis has analyzed the bribe main body scope in the crime constitution, for seeks not the improper benefit, in the use duty convenience, seeks the benefit for other people the bribe scope these dispute question, proposed the expanded main body scope, In the third chapter of addition to the company, the enterprise and other units bribes the crime and the company, the enterprise and other unit bribery crime, considered additionally builds to the foreign country public official, the international public organization officials bribes the crime; Cancels the trade to bribe the crime for to seek not the improper benefit; and illegal receives the commercial bribe to seek the benefit for other people; Important document stipulation Moderate expansion bribe scope. Next recognizes the aspect in the commercial bribe crime judicature, proposed the amount and the plot pay equal attention to recognize the standard, and proposed the amount standard should have the definite standard to change the relative definite standard. Finally disposes the aspect in the commercial bribe crime penalty, suggested cancels the bribery crime death penalty, disposes the fine punishment reasonably and additionally builds deprives the correlation disciple of a master qualifications punishment.