On The Crime Of Commercial Bribery Legislation Is Perfect

With the establishment and perfection of Chinese market-driven economy, business bribery, a "cancer" of market economy, has done more and more harm and become unwritten rules in many industries. It draws attention nation wide from the Party's central committee and State Council to the public.Since july in 2005, Party's central committee has begun deploying the rectification of business bribery, and determined to redouble effort on it in 2006.In order to assist the rectification work, NPC Standing Committee issued the Sixth Amendment to Criminal Code, broadening the scope of crimes of business bribery.Survey shows that in 2006, the annual business bribery cases examined and closed by national court amounted to 359 for enterprises crime and 8310 for government officials crime. Although some achievement has been made in the work of beating business bribery, it is still a tip of the Iceberg when compared to the factual situation.As a criminal judge, the author intends to explore the obstacles to punishing the business bribery crimes, and then proposes some principles as to how to make improvement on the law of business bribery.First of all, the author invetigates the current situation of business bribery as well as it's legislation in china, and by adopting methods of contrast and analysis, he argues that conception of business bribery crime should be broadened and all the crimes regulated in criminal law should be included..business bribery crime poses devastating effects on our country, namely, deviating from rules of maket economy and blocking the effective operation of market mechanisms; increasing transactions costs, violating consumers'benefits and wasting public resources; ruining social ethos and affecting the construction of harmonious society; laying a nursery for official crimes and counteracting our previous effort against corruption; damaging the international images of our country and polluting our international investment environments. With tremendous efforts in the last two centuries, western countries has established relatively complete legislation on punishing business bribery crimes.Since the reform and opening-up policy was enforced, we have made constant improvement on legislation and have established preliminary legal structures on punishing business bribery crimes. But still there are flaws in legislation in terms of the factual crime measurment and punishment. The first is the deficiency of leislative models on business bribery crimes, such as overemphasizing the criminal laws but underestimating the value of legalization of subordinate laws and the ambiguous calssification of non-official bribery crimes. The second is the rough structure of business bribery crimes such as the bribery type only limited to property and the ingregient of bribery behavior to actual giving, strict subjiective inregient to bribery crime, blurring boundary to descriminate illegal profit, hard objective ingrejient and inappropriate definition of seeking benefit for the third party. The third is unbalanced penalty distribution of bribery crime,such as cruelty of death penaty, the extensity of property penalty, and nominal qualification penalty.In order to address the problems existing in the legislation of business bribery crimes, the author learns experence from legislation practice of foreign countries and proposes that legislature models be bettered, subordinate ciminal legislation be strengthened, and non-official business crimes be classified into "raid the market order" crime, in section 8, chapter two.Making improvement on the structure of business bribery crimes, including the scope of bribery being extended to all types of possessions, the amendment of the behavior ingredients as "promise, advice or actual giving", the modification of the subjective ingredients as "make someone involved misuse authority or violate duty" and abolishment of the objective ingredient, that is, "seeking benefit for the third party".Making improvement on statuted penalty distributions, including the abolishment of death penalty in business bribery crimes; adding high- proportion fine penalty as a single punishment; amending the political right deprivation penalty and adding deprivation and limitation practition penalty, etc.