On The Commercial Bribery Criminal Legislation Less Than Perfect

China has made world-famous achievements in economical and social developments since reform and opening policy was established. However, commercial bribery has been breeding and spreading during the course of socialistic marketing economy construction, which results in serious political, economical and social harm. The phenomenon that commercial bribery has spread so widely in China , must have been caused by interaction of multi factors. Meanwhile, the factor of relative lagging of legislation undoubtedly has played a role in speeding up the consequence. Surrounding the problem of relative lagging of legislation, this article will firstly identify the scope of the crime of commercial bribery in China, introduce current status of commercial bribery crimes of our country, review the history of criminal legislation about the crime of commercial bribery in China. Meanwhile, by contrasting international legislative models of the crime of commercial bribery, it will point out the defects and inadequateness of criminal legislation of commercial bribery and bring forward its own propositions in aspects of adding new crimes, improving criminal constituent prerequisites and interposing punishments etc.This paper is made up of three parts as followed:In the first part, the author will centre on current classification circumstance of bribery crimes according to the subject of accepting bribery in Chinese criminal law nowadays, appraise two viewpoints including broad sense and narrow sense as to the scope of commercial bribery crimes and point out that its scope shall comprise bribery crimes made both by public servants and by staff of private enterprises. Then she will analyze new characteristics of commercial bribery crimes in China, expound its origination and social harmfulness of commercial bribery crimes and demonstrate the necessity and urgency of strengthening criminal legislation on commercial bribery crimes.In the second part, the writer will overview the historical process of criminal legislation on commercial bribery crimes in China since 1949 ,recommending specific accusations of commercial bribery crimes in current Chinese criminal law and international legislative models of commercial bribery crimes and relevant regulations of international legal documents. Moreover, she will point out current defects and inadequateness of criminal legislation of commercial bribery as far as crime institution, crime subjects, objects of criminal behavior are concerned.In the third section, the author will propose her own suggestions on improving Chinese criminal legislation of commercial bribery to overcome its current defects and inadequateness. Above all, she advises that we should add the crime of giving bribery to public staff employed by foreign governments or international public organizations and the crime of deal of influence in order to improve current institution of commercial bribery crimes. Then, she suggests that we shall broaden the subjects and criminal objects of commercial bribery crimes, revise subjective constituents of giving bribery, amend objective constituents of receiving bribery passively, provide behavioral forms of commercial bribery crimes explicitly and enact new behavioral objects of introducing bribery, so as to improve current constituents of commercial bribery crimes. Last, she raises some propositions to perfect the establishment of punishments of commercial bribery crimes, including amending legal punishment of giving bribery, abolishing death penalty institution of commercial bribery crimes in current Chinese criminal law , increasing application type and scope of property punishment and enacting qualification punishment.