Study Of Commercial Bribery

The Crime of Commercial Bribery refers to the act that, the dealer unrighteously offers the correlative entity or individual advantage in order to obtain trading opportunity or advantageous trading conditions in commercial activity, the act that the close-correlated entity or individual in commercial activity take advantage of their privilege status to unrighteously ask or accept the dealer's benefit and the act that individual helps to introduce the aforesaid two kind of entities or individuals to commit the bribe—offering and bribe—accepting. The Crime of Commercial Bribery occurs usually among the various countries in the world. It is like malignant tumor which conceals its body in the commerce field and harms the order of market trading seriously. All countries in the world attack it severely. With the development of market economy, this "the malignant tumor" is gradually becoming worse in our country now. It is the time to excise the tumor. Otherwise it could seriously endanger the market economy of our country. Therefore, strengthening the research of the commercial bribe behavior, promptly consummating the legislation of the Crime of Commercial Bribery in our country and containing the Crime of Commercial Bribery powerfully would have the important theoretical and practical significance in establishing healthy and orderly system of market trading, consolidating the achievement of socialist market economy and promoting socialist construction in our country.The article comprises 4 parts. The first part introduces the present situation of The Crime of Commercial Bribery which briefly analyses the reason why the commercial bribe is rampant, elaborates the social harm of The Crime of Commercial Bribery; simultaneously introduces legislation development of The Crime of Commercial Bribery in our country, and summarizes the legislation characteristics of this kind of crime. The second part defines the concept of The Crime of Commercial Bribery which analyzes the connotation of The Commercial Bribery from the aspect of the characteristic in the concept and constitution of The Commercial Bribery, discuses the concept and constitution characteristic of The Crime of Commercial Bribery, simultaneously compares the difference of The Crime of Commercial Bribery with the bribe crime in commercial domain. The third part mainly analyzes the legislation characteristic of The Crime of Commercial Bribery, discuses related problems about the object, the objective aspect, the subject and the subjective aspect of The Crime of Commercial Bribery. The fourth part focuses on the author's legislation consideration to The Crime of Commercial Bribery, mainly includes the discussion of the crime of offering Bribes to staff in company, enterprise or other entities, the crime of accepting bribes by the staff in company, enterprise or other entities and the act of introducing bribe to the staff in company, enterprise or other responsible staff, the analysis about putting the bribee or the briber into "the convict puzzledom" , the penalty design of The Crime of Commercial Bribery and so on,and puts forward some proposals about consummating the legislation of The Crime of Commercial Bribery.