Talk About The Identification Of The Commercial Bribery Crime In Our Country

Currently, commercial bribery has increasingly becoming an obstacle that impact the construction of the socialist market economic. "Commercial bribery" one word frequently occurring in the media, newspapers, magazines, as in the engineering construction, land transfers, property transactions, pharmaceutical sales and government procurement, education system, and other fields, cause people's keenest concerns, also become the legal theory and the judicial practice concerned hot. In addition, commercial bribery is also present a more prominent corruption, because it involves a state functionaries crime, it serious harm party and government in the image, corrupt people's social convention, and could cause other criminal activities. Social harmfulness of commercial bribery crime cause the attention of the CPC central committee and the state council, and clearly put the counter-commercial bribery as one of the key work of current anti-corruption. But our country against commercial bribery legislation messy scattered, boundaries unknown, plus commercial bribery itself has complexity, concealment, thus the judgment of commercial bribery crimes become a problem to combate commercial bribery. The author of this article using the method of comparison research to discuss several key problems of our country's commercial bribery crime.This paper is divided into four parts, the first part is an overview of the basic problem of our country's commercial bribery crime, discusses the difference of the commercial bribery and commercial bribery crime, constitutive requirements of commercial bribery crime and the boundaries between innocence and the crime of the commercial bribery; The second part emphatically analyzed the identification of the crime unit of commercial bribery unit crime, the identification of illegitimate interests that seeking for unit,the idendification of the persons bearing direct responsibilit; The third part is the idendification of the discontinuing form of the commercial bribery crime in our country,this paper discusses the idendification of the discontinuing form of the crimes of accepting bribe and non-national workers taking bribes, the idendification of the discontinuing form of the crimes of bribe taken by a unit,the idendification of the discontinuing form of the crime of offering bribes,the unit offering bribes.and recognition of the cognizance of bribes to stop form unit, a condition, unit offering bribes to a unit to stop offering bribes and introduced the cognizance of the form, and the crime of offering bribes to a unit,and the idendification of the discontinuing form of the introducing bribe crimes; The fourth part focuses on analyzing the idendification of the joint crimes of the commercial bribery, through the three aspects to analysis and discuss the joint crimes of the commercial bribery, the natural person and natural person constitutes joint crimes of the commercial bribery,the natural person with the unit together constitutes joint crimes of the commercial bribery, the unit with the unit together constitutes joint crimes of the commercial bribery.