Countermeasure Research On The Crime Of Commercial Bribery Procuratorial Organs

Commercial bribery is a new type of economic crime, from the view of the world, the commercial bribe damage to national economic development, clean system and the social atmosphere, have damage for years. China as an emerging socialist market economy country, in the reform and opening up, the construction of the socialist market economic system in the process, also appeared the commercial bribe crime spread phenomenon, and has become a market unspoken rule, causing serious political, economic and social harm. Therefore, strengthening the research on the commercial crime of bribery, understand its harm and the origin, and to seek ways to prevent effectively, to have the important theory significance and practical significance to promote the healthy development of China’s socialist market economy. Based on this, this paper is on commercial bribery as the research object, through the deep analysis of reasons of commercial bribery regulation status, analysis of China’s commercial bribery related legislation, the experience of other countries and regions, with procuratorial function optimization of visual angle and put forward the countermeasures and suggestions of commercial bribe.The paper is mainly divided into the following three parts:The first part is about the concept, constitutive elements of commercial bribery are elaborated; secondly, combining the current situation of commercial bribery crime in our country, mainly from the subjective motivation, system, legal system and culture four aspects of the analysis and Discussion on the causes of crime of commercial bribery, commercial bribery main body diversification, the content is more extensive, harm more deep; at the end of the governance function of procuratorial organs are described.The second part introduces in detail the United States, Japan and Hongkong related legislation status of commercial bribery crime and practical experiences, for the governance of China’s commercial bribery crime gives great enlightenment.The third part from the management mechanism, construct the procuratorial organs for the prevention and governance of commercial bribery and how to improve the efficiency of law enforcement, the establishment of special jurisdiction mechanism, give a procuratorial organ independent investigators enjoy special investigation power, improve the initiative and improve the prosecution of procuratorial organs bribery related industry deal with the business system and other aspects, in order to procuratorial function optimization viewpoint governance of China’s commercial bribery countermeasures and suggestions.