The Comparative Study On Commercial Bribery Crime Between Chinese Mainland And Taiwan Area

Commercial bribery crime has the dual social harmfulness, there are "Disrupting theorder of fair and competitive market" and "Corrosion personnel duty honest", and it has the need to strengthen the regulation of criminal law. The comparison on the legal system between cross-strait has the feasibility and necessity with the similarities and differences of Legal culture in Chinese Mainland and Taiwan Area. A comparative study of the comparative bribery crime in Chinese Mainland and Taiwan Area with the application of comparative study of legal method, so this study has great theoretical and practical significance.As the research object of this paper, commercial bribery crime is a general term of crimes where the anticipates of mercantilism implement their official behavior, they give or accept the property interests through direct or indirect means in the business field. The crime of commercial bribery is the criminal accusation that is based on the legal norms and manipulations of Chinese mainland and Taiwan area on the crime of commercial bribery and reflect on the essence, generality and theoretical property of commercial bribery crime. The circles of commercial bribe crime in the mainland covers all the bribery crimes in the criminal code. While the commercial bribe crime in Taiwan in addition to the bribery crimes in the criminal code, it also contains the bribery crimes are provided in the special criminal law of "the Corrupt Practice Act" and accessory criminal law in the special economic areas of "Bankruptcy Law", "Banking Law", "Securities Exchange Act" and "Futures Trading Act".In the criminal code of mainland, the official elements of commercial bribery crime have not been clearly defined. Also, in the judicial practice, there are many problems of indistinct connotation and ill-defined. The paper believes that we should study the regulations of the official elements of commercial bribery crime in Taiwan area. We should substitute the condition of "taking advantage of duty" for "official behaviors" as the objective elements of the bribery crime. Besides, we should distinguish the official behavior according to the behaviors whether violate their responsibility. If the behaviors violate their responsibility, the punishment of the behaviors would be aggravated.The interestelements of commercial bribery crime are the difficult problems of theory and practice in the mainland. There are shortcomings in the point of "securing benefits for others", which is worthy of refection. We should study the relevant regulations in the criminal law in the Taiwan area that identification standard of bribery crime be based on the relationship of official behavior and bribery, other than the point of "securing benefits for others". Besides, the behaviors of "securing benefits for others" should be prescribed as the aggravating sentencing circumstances for the bribery crime.Discussion on the identity elements of commercial bribery crime is the essential dimension to the criminal governance of commercial bribe crime. It is the essence of arbitrary organization which the arbitrators belong to and the nature of the arbitration behaviors determine that the arbitrators don’t have the status of state personnel. The vague provision of the mainland and the disputing theory doctrine lead to the legal responsibility of the arbitrators in trouble. We could study the regulations concerning criminal responsibility of arbitrators of in Taiwan area. It is an effective way for the mainland to get rid of the difficulty of legal responsibility of arbitrators that incorporate the arbitrators into the subject of commercial bribery crime in the form of amendment of criminal law.The research of commercial bribery crime comparison of cross-strait teach us to modify the regulations of commercial bribery crime from the mode of centralized provision by the single criminal code to the integrated legislative mode of the regulations by subsidiary criminal law in special areas. Besides, we should lower the threshold of the commercial bribery crime and expand the range of commercial bribery crime circle appropriately. Simultaneously, we should aggravate the sentence of commercial bribery crime in mainland.