On The Improvement Of Criminal Legislation For Combating Commercial Bribery Crim

With the further transformation of the society and the deepening development of the socialist market economy, competition in the market tends to be more and more intensified. Commercial bribery, as an unjust hidden rule in commerce, causes damage to the fair competition in the market and the reasonable allocation of market resources and exerts severely adverse effects on the normal order of the market economy. Furthermore, it hinders the social productivity and progress and does much to damage the positive image of China world-wide and its domestic investment environment, which has multiple destructions to the society. However, the regulatory system for the government's interference in the market is yet to be full matured. Subsequently, commercial bribery is expanding at an unscrupulous rate on account of the lack of actual transformation of the current government functions. The aggravating situation is greatly challenging the absence of criminal legislation for commercial bribery. From a realistic point of view, it is of extreme importance to realize the timely improvement of the criminal legislation, which also benefits the market order standardization, the improvement of the credit system and socialist economic system, the maintenance of fair competition, the deepened development of the construction of a clean and honest administration and the establishment of a harmonious society. This article, starting with the definition and features of commercial bribery and commercial bribery crimes, tries to analyze the defect of the current criminal legislation for commercial bribery and make an objective analysis of the positive significance and deficiencies of the Amendment to the Criminal Law. From this perspective, this article endeavors to put forward some new ideas and suggestions concerning the making of a criminal legal system of commercial bribery, which is with Chinese characteristic, in conformity with the international practice and in accord with the spirit of WTO. Suggestions are listed as follows: seeing commercial bribery as an international investigated for legal liability; strengthening international cooperation against commercial bribery; expanding the subjects of commercial bribery crime and seeking after definite commercial bribery criminals and broadening restrictions the criminal law imposes; building up the criminal law's regulatory capacity; well-defined starting bribery sum for penalty and improvement of the application of property and qualification penalty; setting up the timely and unified Anti-bribery Law in Commerce; maximizing the role of criminal judicial advice in crime prevention and establishing compensation system in accordance with relevant losses; improving the criminal and civil proceedings in commercial bribery crime; building up a central system of the procuratorial organ linked by administrative execution and criminal execution; construction of a well-organized toil of law aimed at combating commercial bribery crimes, etc.