Study On Business Bribe Crime

The business bribe crime has narrow sense and broad sense. The narrow sense theory makes a point mostly from the aspect of the behavior, distinguishing the business bribe crime from the common bribe crime, thinking the subject of the business bribe crime is the subject of market who is engaged in merchandise (service) business with the purpose to make profits. The broad sense theory makes definition according to the realm which the bribe crime relates to, thinking all occurrences committing in the business realm and business activity are the business bribe crimes. The writer agrees with comprehending the business bribe crime on the broad sense. The object of the crime of accepting bribes of the personal in company, enterprise and the other unit is the incorruptibility of duty for the personnel of the company, enterprise and the other unit which are not state-owned. It is right to keep the structure arrangement of current penal code and put the crime under the chapter 3 of the penal code. It needs not to adjust it into the crime of defalcation and bribe which is kept in chapter 8 of the penal code.Analysing the element in the constitution of crime, the writer thinks that the scope of the bribe should be extended to the property benefits; "Making use of the convenience of the duty" should be designated as essential element of the crime of accepting bribes ; The element of "seeking benefits for the others" should be deleted from the crime of accepting bribes; The subjective element of "seeking false benefits" should be deleted from the crime of offering bribes. We should increase the accusal of "the crime of offering bribe for the foreign officeholder and international organization officials", but not increase the accusal of "the crime of accepting bribe of foreign officeholder and international organization officials. From the aspect of the scheme of penalty, the writer thinks we should pay attention to the usage of property penalty, increase qualification penalty, abolish the death penalty, balance the penalty well for the crime of accepting bribe with the crime of offering bribe .Finally, the writer discusses the lawmaking mode of business bribe crime from the macroscopic aspect and believes that the mode to combine together the penal code with subsidiary criminal laws is more recommendable in our country.