Study Of The Crime Of Commercial Bribery

Commercial bribes not only break the basic principles of marketing economy but also hinder fair competition; Besides, commercial bribes damage the market's function of distributing resources and lead to various social crimes. 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 Conunercial 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. This article is divided three parts:The first part is the commercial bribe crime outline. In this part The first author has collected several viewpoints about commercial bribe crime concept in domestic criminal law educational world and evaluates these viewpoints, based on this proposed the author's viewpoint about the commercial bribe crime concept, next carries on the analysis to our country present commercial bribe crime's legislative condition, had pointed out the general relation of the commercial bribe crime with other bribe crime in our country present criminal law, and has carried on the classification differently according to subject of crime's status to the commercial bribe crime.The second part is the commercial bribe crime certain hard problem analysis. This part mainly unifies the case, has analyzed the hard problem which appears in the judicial practice and the great dispute question. Divides into the commercial bribe crime subject of crime specifically the question, the crime objective aspect question and the crime number question three aspects. In the subject of crime question, discussed the non-state-owned unit as the bribe main body in the commercial bribe crime limits which is punished the question as well as the subject of crime change in status brings the question; In the crime objective aspect, has analyzed the legislative stipulation bribe object whether to cross the narrow question and "seeks the benefit for other people" whether should carry on the analysis as the commercial bribe crime essential constitution important document question; In crime number question, The commercial bribe crime law which after the union case analyzed "the Criminal law Bill for amendment (Six)" promulgated, produces to be suitable the question, and evaluated the penalty question which from this amendment.The third part is the commercial bribe crime legislative consummation. In this part, mainly disposes two aspects from the crime constitution important document and the penalty to put forward the commercial bribe crime legislation perfect some proposals. The crime constitution important document's consummation also was mainly proposed in the second part of elaboration foundation on the subject of crime and the crime objective aspect some concrete proposals, including "increases the non-state-owned unit as the subject of the crime of commercial bribery", "make sure the scope of 'other unit staff'", "increased 'to be able to affect the transaction other to be related the personnel' for the bribe main body", "the addition commercial bribe crime behavior way", "expands the bribe object" "to cancel 'is other people seeks the benefit'". The penalty consummations mainly proposed the suggestions of "abolishes the death penalty" and "the expansion of the property punishment".