Theory Of Commercial Bribery Crime Of Criminal Law And Legislation

In recent years, commercial bribery crime occurred frequently, andgradually penetrated into all spheres of society. It is not only seriouslyundermine a fair and equitable operation of the market economic order,but also seriously damaging the credibility of the general mood of societyand government. On new era background, commercial bribery is a newguise, and becoming more complex, more subtle. Effectively crack downon commercial bribery is referred to the focus of national and cleangovernment work agenda. Therefore, this study is the trend of the times,and improving the criminal legislation of commercial bribery is animportant subject of our current urgent need to put on the agenda.Improvement of commercial bribery criminal legislation system willcontribute to the healthy and orderly development of the market economy,also purify the wind of corruption in society, and ultimately contribute tobuilding a harmonious socialist society.The entry point of this paper is criminal regulation of commercialbribery, which in-depth analysis of current situation of China’spunishment,combined with the contents of the United NationsConvention against Corruption, to analyse the essence of the legislation,and tried on the basis of their own and the special circumstances of theintroduction of the contents of the relevant international law, and toimprove. Finally I hope to put forward some meaningful proposals forChina’s commercial bribery crime legislation.Except the preface and epilogue, this paper contains four parts:The first part: Overview of commercial bribery. This part firstlyanalyzed and summarized the many perspectives of academia and theexisting laws on the concept of crime and types of commercial bribery,and eventually put forward my own point of view, and then described andanalysed the elements of commercial bribery from two important aspects(main characteristics and behavior of the performance of commercialbribery).The second part: Criminal Regulation of Commercial Bribery.Thispart firstly two aspects are described and analysed China’s Criminal Regulation on commercial bribery from two aspects (Commercial Briberysubsidiary to criminal law and penal codes, as well as other single lawprovisions), eventually described the bribery provisions of the fourcategories in the United Nations Convention against Corruption, I hopewe can take to reflect on how to correspond legislation in our country.The third part: Finding legislative gap from the punishment of thecurrent situation of the crime of commercial bribery. This sectionexplained the punishment of the current situation of China’s commercialbribery, above analysis showed that there exit many legislative gaps asfollows: a hodgepodge of legislation of commercial bribery; limitationson elements of two types of commercial bribery; limitations of briberyrange; incomplete criminal law set; a gap between the United NationsConvention against Corruption and other national anti-corruptionlegislation.The last part: Legislation improvement of commercial bribery.This part focused on criminal legislation of China’s commercial bribery,combined with the relevant provisions of the United Nations Conventionagainst Corruption as well as China’s national conditions and improvedsome suggestions on criminal legislation of commercial bribery: Firstly, itis recommended on the basis of the existing criminal laws and regulationssystem, to explore the legislative mode with Chinese characteristics andmanagement of commercial bribery, For judicial interpretation and theCriminal Law Amendment has an extremely important role in crime todeal with commercial bribery under the new situation; Secondly, theperfect proposal in two ways on the constituent elements of commercialbribery crime; Improve recommendations for punishment of theperspective of the crime of commercial bribery(property, criminal, deathpenalty andUnified bribery criteria for sentencing); Finally,according tothe relevant provisions of the United Nations Convention againstCorruption provides that "trading in influence crime", expanding thescope of "the influence of taking bribes" that in the seventh Criminal LawAmendment, proposed additional, suggesting establish the bribery crimein enterprise not belonging to the nation and discussing the Bribery offoreign officials of public international organizations; meanwhile, it is recommended to establish an international system of cooperation toregulate the anti-commercial bribery, and recommends that the systemtainted witness the introduction of our criminal legislation.The innovation of this paper lies in the interpretation of criminallegislation of commercial bribery Current Situation in China andcombines with relevant regulations and China’s commercial bribery crimeCriminal Regulation in the United Nations Convention against Corruption,using a comparative approach, comparing to international conventions,expandingly discussed the complete path of the criminal legislation of thecrime of commercial bribery from Legislative model, the current chargessystem, penal system.