A Comparative Study Of Commercial Bribery Crime And Improvement

To be accompanied by the development of socialist marketing economy, the phenomena of commercial bribery is to become more serious every day, come down to the field such as construction projects, land transfers, pharmaceutical sales, government procurement contracts, property transactions. Commercial bribery not only disturbed seriously the economic order, the consumer lawful rights, but also an enormous threat to the economic peace and social stability of our country. At present, criminal legislation of commercial bribery of our country is not complete. The controversies existed in practice as usual. It is significant to China's economic development and social progress that continuing to improve the relative legislation of Commercial bribery crime in our country.This article begins from tracing back to the historical origin of commercial bribery crime, analyzes the impair of commercial bribery crime thoroughly, attempts to explore the necessity of cracking down commercial bribe crimes, in which the criminal legislation of commercial bribery is also briefly discussed. After that According to the legislation of the domestic and abroad, this article compares and analyzes the issues of commercial bribery crime from the perspective of constitute elements, and then transforms into a foundation for my own thoughts by means of probing into the arguable problems in present laws. Final, the suggestion to the perfection of legislation on the commercial bribery crime is proposed.The article is composed of four parts: In the first part, it traces back to the historical origin of the commercial bribery crime, the evolution of commercial bribery is briefly discussed, analyzes the impair of commercial bribery crime thoroughly. Part two, Summaries and Reviews the legislative process of commercial bribery which comes from economic law, administrative law to criminal law. Since from Oppose Unfair Competition Law to The Criminal Law in 1997 and Criminal law amendment 6, the regulation of commercial bribery developed and improved continuously in china. Part three, more attention is paid to analyze the research and the legislation of the domestic and abroad. This article analysis the commercial bribery crime from the standpoint of the model of legislation, the definition of crime, subject, subjective elements, object, objective elements. The article has carried on the thorough discussion and the research to the main problem, such as how to understand the"working for the interests for others", how to understand the scope of bribe and so on. Part four, to overcome some shortage in the scope of commercial bribery crime, learning from other countries' experience in legislation, according to our country's situation, the improved suggestion are proposed:(1) Newly-adding the commercial accepting bribe crime of foreign public official, public and international groups official. Newly-adding the crime of giving a commercial bribe to foreign public official, public and international groups' official. (2) Expanding the scope of crime of bribery, including all of the profiteering(3)Amending the essential condition of securing benefit for others.(4) Consummating legal punishment, including to abolish the death penalty, designing punishment against property and punishment against freedom with good flexibility, newly-adding the crime of punishment against qualifications.