On The Commercial Bribe Which Commits Crime

Commercial bribery is not only a global issue,but also a most concerning social issue in China.Therefore,commercial bribery's study is not only a real need,but also the requirement of criminal law's theory improvement,especially the requirement of criminal law's enactment and judicial practice.In view of commercial bribery's connotation and extension.commercial bribery refers to proprietor bribe corresponding unit or individual,corresponding competent department or state functionary with property for the purpose of buying and selling goods,specific commit crime of offering bribe,crime of accepting bribe and intermediate introduction bribery.The fundamental reason of introducing commercial bribery into criminal law lies in national conditions of the policy "Emphasizing Agriculture at the Expense of Commerce" and the basic political ethics "Emphasizing Officialat the Expense of commerce",furthermore subjects to the national condition's long-term impact.Therefore,the common people's expectation of merchants is not very high.but they have a very high value and social ethics expectation of civil servant. Whereas the circumstance,it is necessary to distinguish between bribery concerning public officer and commercial bribery,and impose a severe punishment on the bribery concerning public officer.However,the development of market economy promotes and enhances the merchants'subject position,and the common people adjusts the expectation of merchants,it justify on the grounds of introducing commercial bribery system into PRC's criminal law.From the current criminal legislation aspect,we have a lot of defects on bribery's criminal legislation.It is reflect the following:first,the subject of crime concern Companies, corporate officers taking bribes excludes unit.However,the problems caused in the process and judicial practice of cracking down proliferate commercial bribery,demonstrate that the expansion of commercial bribery's subject becomes an inevitable trend. Second,in accordance with the stipulation of PRC's criminal law,the scope of bribery is restricted to "property".Thus,expand the scope of bribery to all tangible and intangible material or non-material benefit which can satisfy people's material and spiritual needs,in conformity with the practical need of striking and cracking down commercial bribery.From the perspective of judicial determination,actually bribee acquire the property,but realize it fall into the fake and shoddy product afterward,how to determine the bribee's state of crime;Moreover,in the process of bribery,briber report and reveal the bribee for certain consideration.In other words,delivery of property is not briber's intention,but coordinate with judicial body's action.In such cireumstance,how to determine it commits commercial bribery's accomplished offence or not;Eventually,bribee has implemented the bribery and briber has obtained the benefit,but briber hasn't deliveried the property in accordance with appointment. On account of bribee hasn't acquired the property,thus how to evaluate the circumstance.In view of these circumstances,the standard of commercial bribery's accomplished offence is not comprehensive.Through the research of commercial bribery's new characteristics and essential attribute,and in connection with the defects of criminal law,improve our criminal legislation further, establish and perfect the permanent mechanism about warding off commercial bribery,thus strike and crack down the rampant commercial bribery,eventually eradicate the ground and condition of commercial bribery.