TO Discuss Legislation Of Commercial Bribery Crime

Commercial bribery crime is not a criminal law sense concept, the criminal law is not similar to the U.S. Criminal Code Civil bribery crime "and" commercial bribery "distinction, resulting in China’s academic and practical departments of commercial bribery crime and bribery understanding of the range are not uniform. Main commercial bribery crime is the crime of commercial bribery and commercial bribery crime. Compared to the provisions of the foreign country to face the problem of commercial bribery main:"Convention on the crime of bribery and accepting bribes uniform provisions on bribery of national public officials provisions. Control we can find the relevant provisions of the Criminal Law Convention does not "seek illegitimate interests" and "to seek benefits for others" as bribery and bribery crime constituent elements, the Convention is not "large amount" as commercial bribery crime actually given constituent elements, but China’s criminal law provisions on bribery crime without exception "large amount" as the constituent elements, narrow the scope of the current criminal law of bribery, bribery of the Criminal Law only stipulates ""the payment of bribes to the provisions of the Convention to" dangle "," offering "," actually given. Academia on the choice of mode of commercial bribery legislation the following:The first is the use of a separate criminal mode to develop a unified anti-commercial bribery law, the second subsidiary criminal law legislative model, a third point of view separate commercial bribery provisions established in the Penal Code, the fourth viewpoint criminal Law amendment changes and additions to the existing charges. Analysis and comparison of view from four perspectives, each with its own pros and cons, the author based on the fourth point, that commercial bribery crime legislation is perfect, the Criminal Law Amendment should be used mainly separate criminal supplement the legislative mode, but first in the program on should be given to the legitimacy of the NPC Committee to amend the Criminal Code...