On The Crime Of Business Bribery

Business bribery is contantly stretching in every realm of China. How to contain and tackle crime of business bribery is a big task law circle and exploiting circle must be conscientiously treat. This thesis expresses my vieupionts on some basic and disputed questions of crime of business bribery.This thesis is divided into four parts. The first part is a general esposition which discusses the legislative proless of crime of business bribery and analyse the concept of crime of business bribery. The author holds that the treating means basically relied on criminal sanction according to Regulation Regarding the Punishment of Corruption before the criminal law was promulgated and implemented in 1979. Afterwards the manifestation forms of bribery have constantly been changing and stretching with the deepening of the scope and degree of the economic activities. So china begins to lay stress on non-criminal meas. Overall, the legislations are fairly complete now. With the advancing of the legislation and judicial interpretation, the appearing and administering of business bribery will be synchronous. To analyse the concept of crime of business bribery , the author has distinguished the two relationships. One is the relationship between crime of business bribery and behaviour of business bribery. The other is the relationship between crime of business bribery. Crime of public office bribery and crime of company staff bribery. The second part compares laws at home and abroad. This part mainly lists the legislative situations in America, German, Japan, Singapore and HongKong. The author hold that we may use the beneficial experience of these countries for reference such as corruption deducing, informer protecting and evidence eliminating. In the judicial respect, we can use stem sanctions in America and independent subject of law enforcement in HongKong for reference. But on account of situations, we should choose the benefical experience to some extent. The third part is to analyse the knotty questions in judicial determination. The author express his opinions about proper benefits, special associated persons, transation bribery and so on. The fourth part is the legislative consummation. The author also express his opinions about hitting the fixers heavily, uniting death penalty, enlarging property punishment and so on. Perhaps these will be advantageous to legislative process.