Research On The Crime Of Commercial Bribery

In China’s transition to market economy, with the steady improvement of market system, the danger of commercial bribery has become increasingly clear under the circumstance of pursuing fairness, justice and openness. Just like the growth of a malignant tumor on the body of the market economy, it has seriously disrupted the market competition order, undermined the normal market order and fair market competition mechanism, triggered vicious competition among main market players, damaged social fairness and justice, become a hotbed for breeding corruption and provided opportunity for the rent-seeking in the field of commercial activities. Currently, civil, administrative and legal measures are not enough to curb commercial bribery. As the last defense line of social defense, it is necessary to use criminal law to punish commercial bribery. Therefore, how to use the criminal law to regulate the commercial crime of bribery, how to improve the commercial bribery crime legislation in our country, has become an important subject to study anti-commercial bribery.This paper attempts to state the theory of commercial bribery crime, study complicated situation in the practice of commercial bribery crime, analyze the features of the current commercial bribery, point out the causes and harm of commercial bribery crime, learn from the advanced experience of foreign anti-commercial bribery, then put forward to improve our commercial bribery crime legislation, in order to have a better understanding of the crime of commercial bribery in China, thus has a positive reference to the development of criminal law theory and practice.