Elements Of Commercial Bribery Crimes Research

Commercial bribery, as a non-national staff of taking bribes, their only crime being evaluated for the past dozen years thing, but with such acts of bribery related to people's livelihood, penetrated a lot of the economic field, people of a condemnation Sound contributed to the wave of business on the crime of taking bribes wave. In this wave of research wave of commercial bribery crime element is the people the focus of the study. If we look at the academic elements of commercial bribery crimes for the research, it also seems to reflect on the existence of two worthwhile tendencies. Scholars on commercial bribery for the Elements of Crimes, or superficial and copy the official accepting bribes of ideas and the conclusion of the study, or go astray and to competition law on commercial bribery acts tantamount to criminal law on commercial crime of accepting bribes. At this point, how to conduct in-depth study on the elements, the study does not go astray and naturally become a problem. This article holds that the nature of the crime of commercial bribery decision commercial elements of the crime of bribery, commercial bribery crimes acts of criminal elements of the object guide explained. The nature of the crime of commercial bribery is different from the official nature of the crime of taking bribes, unlike competition law on commercial bribery acts of nature. The nature of commercial crime of taking bribes to companies and enterprises, or other units of the material interests of the violations, which determines the commercial element of the crime of bribery is different from the official accepting bribes and Unfair Competition Law on commercial bribery acts and the interpretation of ideas explain conclusions.In this paper, in addition to the preamble, is divided into two main parts and is divided into four chapters in two parts to describe, and in the following points:The first chapter for commercial bribery crimes preconditions for the Study of the Elements of the elements identified. According to the author's research ideas, commercial bribery crimes Elements expand and deepen research on the many viewpoints or fixed points only indisputable elements depends on the number of pre-defined, including elements of these pre-commercial bribery acts in the state reduction and the reduction of the state sense of Business Object of accepting bribes Crime Research. Therefore, this chapter first commercial bribery acts of this state were studied, in accordance with the views of this paper, commercial bribery was first originated in accepting gifts, gift operational procedures showing a gift - accepted - rebate mechanism, the growth in obligations gifts should be brought together, it should be accepted, it should be three rebate obligations, including the elements contained in the share and debt elements, people from the 18th century began in the field of economic transactions using this method to facilitate the realization of transactions, use this way led the transaction can be called as a gift of transactions mode. Gift of transactions in different modes of economic organization different form of the internal structure and external effects. The wholly foreign-owned enterprises and joint ventures as the main performance of the classical form of enterprise, trade and control of resources to the same owner, the perpetrator commercial bribery significance only to deprive other dealers fair trading opportunities and to increase the purchase price ultimately consumers . At this time, such transactions have not been widely used, because the owner of conducting transactions resources transactions, based on the nature of economic rationality on gifts of transactions contained in the model and the resources of the transaction itself was neglected Features refusal to maintain a considerable attitude. Shares in the performance of the company as the main form of the modern enterprise, the owner and transaction resources to control the separation occurred, the perpetrator commercial bribery significance lies not only deprive other dealers fair trading opportunities and to increase the purchase price ultimately consumers also because of the damage to the interests of owners of trading resources. And, when such transactions were a wide range of markets, traders who control their own resources under the control of resources as a bargaining chip transactions through the solicitation or acceptance of other people's property to meet their own interests; transactions through resources from the demand side of gifts and resource control transactions generated by the private links that they have gained transaction resources. At this time, commercial bribery in the structure and explicit effect on the show as a network structure. Companies and enterprises, or other units and bribes from the staff at the network structure of the center, companies, enterprises or other units of the staff association staff of the party units, bribery side especially in the trading relationship in the ultimate information linking transactions consumers, unit staff and the trade practices of bribery linking other possible competitors. In such a complex network architecture, through such acts of commercial bribery network structure of all stakeholders interests are having an impact on the business of crime object of the crime of taking bribes will be mentioned that a different point of view.Therefore, we followed the crime of commercial bribery crimes object to the assessment mentioned viewpoints. Competition order for the object, this paper describes the history of the formation of this view, that competition law on competition order benefits itself does not become law on the Criminal Law for the Protection of benefits, from the criminal law provisions of the order can not be the object of competition that come to this view, competition order that faces a number of unsolved problems, and even elevated risk of this crime. The management order that the object, the paper that macro, abstract and vague management order itself will not launch penalty as a state and to the right under the management of order as purely criminal law and to protect the legal interests of the criminal law contrary to the spirit of Modesty. The honesty of that object, the paper that "clean" their meaning is not clear, it is difficult to play a beneficial element of interpretation guidance functions, the reference to the integrity of official bribery and confusing nature of commercial bribery, honest sex objects is a concrete manifestation of that content whether or not buying sexual purity can become commercial bribery crimes Protection Act benefits.Denying the competition order, order management, said the integrity of view, this material interests that advocate that the criminal offense of commercial bribery should be the object of companies, enterprises or other units of material interests. Companies and enterprises, or other units of staff in the bribery act is a violation of the companies, enterprises, or in other units of the material interests of the sense should be subject to criminal punishment and constitutes a crime. This paper believes that the modern economic organizations and the characteristics of the criminal law generally determined by the objective of prevention, criminal law should focus on the acts of commercial bribery transactions against the interests of the resource owners. And to promote material interests that are following reasons: From the Criminal Code provisions of the Crimes Act can draw benefits for companies, enterprises or other units of the material interests of the conclusion of mining interests that material will not have competition brought about by the said order a series of issues; mining material interests that could well limit the scope of punishment, criminal law fit the spirit of Modesty; competition order, order management, honesty of that view can be turned into commercial bribery, or do not deny that acts against the companies and enterprises other units or the interests of material interests that can play the so-called good law benefits function; material that is not contrary to the interests of the general principles defined benefits.Based on the object with the objective of criminal elements in the interpretation of the relationship, the paper put commercial accepting bribes in the material interests of the object that perspective, the material interests that as a guide to business conduct elements of the crime of taking bribes to the re-interpretation.Chapter II for the crimes of commercial bribery for one of the elements - the use of his position to interpretation. Judging from the current theory and practice of criminal law, "using his position to" explain the main controversy lies in two points: First, "used his position to" limited to the use of his position to himself (or use " the three "of his position to take it as a" use his position to "); The second is the" advantage of his position to "include use of the past of his position to accept (that is," after the earnings "would constitute an act commercial accepting bribes). This material interests of the object in view of the view that the use of his position to use my duties included within the scope of the powers and functions of a convenient conditions, including the use of "third party" of their jobs to the conditions, but here " the three "should be limited to companies, enterprises or other internal personnel. For "After the wealth", in this paper, that is for other people's legitimate interests and the subsequent collection of property cases, the perpetrator because there is no violation companies, enterprises or other units of material interests rather than a commercial crime of accepting bribes for others seek after the interests of the improper collection of property cases, the perpetrator because they do not have the commercial bribery crimes deliberately not constitute commercial bribery crimes. As for the "fiscal afterwards by the" before seeking interests for others illegal acts, if constitute other crimes, according to other criminal convicted and punished if the other did not constitute a crime, it should not be appraised as crime. Finally, the article on the use of his position to the relevant borders were identified. That advantage of his position to facilitate that distinguishes it from the convenience of their work, "using his position to" different from the "use of services or technical convenience." Non-state-owned hospitals and doctors prescribe the right to use "a single allowances" to collect drug rebate the nature of the act was discussed, the paper prescription that the doctor's right to both business and the nature of their duties, doctors prescribe the right to use "a single allowances" charge medicine dealers rebate actually used his position to a violation of the hospital's material interests, which constitute commercial bribery crimes.Chapter III for the crimes of commercial bribery Elements bis - from other people's property explanation. For now, "from other people's property," explained that the main controversy lies in two points: First, whether taking bribes from commercial-type demands to benefit other people; second, how to obtain understanding of the meaning from it including extortion. This article holds that the requirement of taking bribes from commercial-seeking interests for others, and "commercial bribery in the crime of accepting bribes from requirements to benefit other people, the official from accepting bribes of bribery does not require to benefit other people." Made a different phenomenon On the note explained that the setting up of two different elements of the two crimes rooted in the different objects, the former is material interests of the object, the perpetrators should be against companies, enterprises or other units of material interests must be for others seeking interests of the latter state functionaries is the act can not be bought, as long as the job behavior and property prices will be established on the relationship between the perpetrator will be able to act against the Law on Protection of benefits, and whether to seek benefits for others in the Criminal Code against official corruption the focus of attention on the crimes. The meaning of the request, this article should include that request blackmail. Finally, the chapter on commercial crime of accepting bribes and extortion, gave an explanation of the distinction between boundaries that is the key distinction between the two must be sought and used his position to extortion, did not take advantage of his position to accept.Chapter IV for the crimes of commercial bribery Elements ter - to benefit other people's explanation. For now, "to benefit other people," explained that the main controversy lies in two points: First, to benefit other people in the business at what is the crime of taking bribes status, academics have canceled that, the old objective elements that subjective element that the new objective Elements Four Views that the second is to benefit other people in the "interests" include legitimate interests. Advocated by the author of the material objects that interest by the decision, we think that for other people's interests should be the objective elements of the old mining said that, "to benefit other people." Is the objective elements of the crime of taking bribes, the establishment of this crime must be objectively for others seeking the interests of the acts, but does not require the organization that actually causing grievous interests "to benefit other people" in the interests of excluding legitimate interests, "to benefit other people" in the interests of the official definition of bribery can not copy "for others seeking interest "in the interests defined. Finally, the chapter on commercial bribery and fraud offenses limits of the distinction between an explanation. This article holds that the distinction between commercial bribery crimes and fraud is a crucial point of the elements and criminal nature.