The Legal Definition Of Commercial Bribery

Commercial bribe is a concept which involves the unti-improper competition law and the antimonopoly law.The description of commercial bribe should be divided into two concept: the trade bribes, the commercial bribe.The trade bribes refers tosuch behaviors as the operator adopts the belongings or other methods in secret in the transaction, in the sale, the purchase commodity or in other management, bribes units or individual, thus harms other operator's legitimate rights and interests to destroy the fair order of the market order, commercial bribe refers to such behaviors that the operator bribes the transaction object or the concerned personnel secretly in the market transaction by using the belongings either other methods, the purpose is to obtain the transaction opportunity or the advantageous transaction condition.Intersecting between different subjects is the characteristic of this thesis, this article based on the point of view of counter-improper competition law, and researched this question from the view of the civil law and criminal law, utilized various disciplines to study the commercial bribe law in order to limit it, breakthrough law research division of vertical is a pursue of this article.This thesis is divided into six parts.the first chapter is the outline of commercial bribe including four aspects the commercial bribe concept, the characteristic, the harm, the rationale.The author thought the commercial bribe should contain trade bribes and bribed two aspects, in the concept of trade bribes adds two important documents—"in secret"and "harms other operator legitimate rights and interests", the expanded goal important document is "in the sale, the purchase commodity or other economic activities " which both suits the China execution of the law environment, and does not lose the fair justice. The second chapter is the analysis of various important documents of the trade bribes, by the analysis of six important document—"the operator" "in secret" "units either individual" "the belongings or other methods" "the sale, the purchase commodity or other management" "harms other operator's legitimate rights and interests", we clear about the limits of the connotation, the extension of commercial bribe. The third chapter is the reality analysis of commercial bribe and the sales commission relations, from the reality, the sales commission is a commercial bribe part, but from the counter, the concept of sales commission is unnecessary. The fourth chapter is the comparison between commercial bribe,the commission, attaches presents, sell goods with priz and so on , cleans up the commercial bribe boundary by the discrimination, the comparison. The fifth chapter is the comparison between bribe class crime, the commercial bribe crime and the commercial bribe, the commercial bribe crime is the intersection of the bribe class crime and a serious commercial bribe, by the comparison distinguishes clearly the relation and the difference of commercial bribe and commercial bribe crime. The sixth chapter is the legislation forecast of unti-commercial bribe in our country, the author puts forward the proposal, the opinion.The commercial bribe is a concept of collection of counter-competes and the counter-monopoly theory, bribes it belongs to the category of the counter-not improper competition law from the view of bribery, but it reflects the form of counter-monopoly from the view of commercial bribe. Because of the complexity of the commercial bribe and my study ability, the limitation of knowledge reserve and the legal science accomplishment, I still have the deficiency in theory.