On Commercial Bribery Crime

In recent years,commercial bribery events have been increased a lot.It is becoming a latent regulation in commercial market.It has affected the social life and has seriously damaged the interests of the country and the people.Now it is becoming even worse. Especially on the field of medical treatment,construction , resource developing and selling area.So these years commercial bribery is becoming the key target which the government is going to fight for. NPC Standing committee has adopted the"PRC Criminal Law Amendment (6)"Article 7,Article 8 of the important amendments and supplements to the relevant criminal legislation to help building the legal system in China.This article starts from introducing present research situation about the commercial bribery in domestic and foreign areas.Talking about the adjustment subject scope of the crime .Also the scope of the commercial bribery is becoming wider than before. Then ,we also analyzed its necessary elements in different aspects.At last ,refers to oversea legislations ,the author gave some advice on how to improve and perfect the anti-commercial legislation in China.The thesis consists of four sections and 23000 words.Section One is the historical and introduction of the commercial bribery.There are two parts .Part one talks about the present legislation situation in China .For example about Business Law and Criminal Law.Part two is about the legislation system in the other country. Introduceing the legislation survey of US,Japan,Singapore and other countries in details. Especially elaborates the "United Nations Convention against Corruption" and then find out the difference between China and it.Section Two is the "Scope of commercial bribery".It includes four parts:Part one talks about the offender of the commercial bribery .There are several theories about it.One said that the offender is the people who gave briberies .The other said that the offender is the people who gave bribery and people who receive bribery.The third saying is that the offender also includes people who introduce each other to have bribery.The author agrees with the second saying .Part two talks about the new offender according to the law.Other staff who work besides company will be punished if they gave briberies in business trade. Additionally,it also covers the civil servant which was not included before.Section Three is about the interest of the commercial bribery.There are three parts :Part one is about "take advantage of post".Two views on this :one said that being committed does not need to have the purpose of taking advantage of post.The other one thought that "take the advantage of post"is very important for commercial bribery .The author agrees with the second one.Part two talks about "seek interests for others".Part three is about different behaviors of the commercial bribery.Section Four introduces different legislation to improve law on commercial bribery.After studying the foreign criminal legislation and the"United Nations Convertion against Corruption".The author gave some advice on how to improve the legal system in China: like we should gave up the condition of "seek interests for others"since it is not essential for it.Also we should consider expanding the scope of the offender according to the international law .