Study Of Commercial Bribery, Criminal Legislation

With the development of the socialism market economy, commercial bribe event have increased recent years. Especially in the fields of medical treatment, education, construction and tender, the commercial bribe actions have become tacit "guild regulation" and "latent regulation", some event get to the deadline of criminal punishment.Confronted with the derivation of large amount commercial bribe crimes, the regulations about bribe crimes in our country's lawmaking have too many problems to deal with difficulties to start in the judicature practice. The bribe crimes laws prescribed in our country' s criminal laws have no effective restriction on commercial bribe crimes because they are mainly used to fight bribe crimes of national missionary. Due to the complexity and particularity of commercial bribe crimes, the subjects, their objects, subjectivity and objectivity are somewhat different from those of ordinary bribe crimes, and increate differences of opinions and understaning. By a benefit to the judicial work, the author has only conducted the research by individual viewpoint to the criminal lawmaking of commercial bribe crime question.Using the method of criminal integration ,from the substantive law angle, this paper start from the commercial bribe crime concept, according to the mentality way of the delinquent account (criminal lawmaking fact basis) - the criminal policy (criminal lawmaking policy instruction) - the criminal lawmaking, proposed suggestion to our country about the criminal lawmaking consummation of commercial bribe crime . There are 4 chapters in the paper. The 1st is discussion about the definition of commercial bribe crime. The 2nd is elaboration about the two big research foundations on commercial bribe crime criminal lawmaking-criminal fact and the criminal policy. The 3rd, briefly introduced our country about the commercial bribe crime criminal legislation course and overseas about the commercial bribe crime legislation survey. The 4th is detail discussion the question on the Lawmaking and improving to our country commercial bribe crime.