Research On Certain Question Of Commercial Crime Of Bribery

In recent years, the phenomenon of commercial bribery becomes "lurking rule" day after day; it breaks the socialist market economic trading rules of fair competition and the construction of the independent commission against corruption seriously, at the same time, it hiding the building and development of a socialist harmonious society. As a police of long-term fight economic crime investigation in the forefront of work, because of the duty of work, I concern the commercial crime of bribery long time, and gained a great deal of information and case. In this period, I have learned many monographs and the relevant laws and regulations at home an abroad. The existing theoretical results and judicial practice have made a very intensive study of the scope of commercial venal crime, the main scope of the content, the content of bribery and so on. However, there is still much controversy on some issues, such as: the distinction between commercial bribery and official corruption; the awareness of " taking the advantage of one's work, "for other people's interests" and so on in constitution of crime; the establishment of the doctor's "billing allowances", the contents of that bribe and so on in practice. In view of these problems, the paper presents its own restricted opinions through making a summary of my own work and study for many years.In the aspect of research technique and innovation, first, the paper uses the positivistic research method of on-line questionnaire survey, avoiding the insufficiency of the sample's irrationalism caused by the fixed-point investigation. The survey result displays that 95% of the investigators think commercial briery is very usual. 40% of them consider that the special control works haven't achieved obvious effect. About half of them have no confidence in governance of commercial bribery. Second, to enhance its intuitionism and readability, this paper designs many graphics, and uses color printing. Third, the paper treats problems by using the methods of linking theory with practice, comparison, deduction and so on. The related cases are accumulated from work.In Chapter II "The Constitute of Commercial Crime of Briber", we discussed the expansion of subject and the related elements of object. First, on the subject of commercial bribery crime, I explain my opinion on "companies, enterprises and other units staff". My suggestion is that we should define the bribery of companies, enterprises and other non-state-owned units as crime. In addition, I propose my question on the composition of (official) bribery of people who undertake official business in state-owner companies and people who work in non-state-owner companies delegated by state-owner companies. Secondly , with regard to the objective elements of commercial bribery, I pointed out that we should be widely explain the "taking advantage of duty"; "Enlisting benefits for others" is the synthesis of subjective and objective, I suggest to cancel this element. Finally, I analyzed on the standpoint of judicative practice about problems as the medical staff received kickbacks of medicine, informal staff's bribery, the qualitative of provide mobile phone users' information to others for illegal profits by staff of companies and enterprises.In Chapter III—criminal law rules of commercial bribe and other suggestion, comparing the "United Nations Convention against Corruption" and learning from the legislative experience of other countries, I try to find out the regulations which need to be improved in our country's criminal law. The first advice is extending the content of commercial bribe to all the improper benefit. The second one is that States parties obligations from "United Nations Convention against Corruption" should be assumed, adding bribe crime of foreign public officials, officials of public international organizations. Against the fact that our county lacks specific criminal sanctions of commercial bribe and penalties of bribe are too light inadequately, the third advice is to generally apply criminal fines, add qualifications punishment, increase the punishment for bribery efforts and expand the explanation of "In order to seek illegitimate interests".In the end, the fourth opinion is that the governance of commercial bribe should adhere to the policy that prevention is the prime thing companying with combat. The governance by criminal law is treating the symptoms, but the more important target is the comprehensive management, striving to seek permanent cure.