Research On Bribery Crime Of Foreign Public Officials And Officials From Public International Organizations

Along with the globalization of economic and the deepening of the reform and opening in China, Chinese enterprises are playing an increasingly important role on the international stage. What’s more, the international legislation for the commercial and economic exchanges is established in order to ensure the fair competition of the international market. To combat corruption in the international market, in 2005, China became one of the contracting states of the United Nations convention against corruption, which is approved by the standing committee of the National People’s Congress. China began to crack down on the crime of corruption in the international business and fulfil other obligations as a member of the United Nations convention against corruption. In 2011, after several years of brewing and judicial practice, "criminal-law-amendment (eight)" gave a clear definition that "providing foreign public officials and the international public officials with property to seek improper business interests" will behave as a kind of crime, and after then the behavior will act as an independent crime to punish bribery. The performance of enterprises on the international stage are often closely linked with a country’s image and reputation for the product abroad, so the crime of bribery on the international stage has always been striked by almost every country severely. The eighteen session of the Fourth Plenary Session of the Communist Party of China passed a resolution to promote the rule of law, and provided a strong support for the policy to combat bribery crime.The thesis is based on the analysis of the present "overseas commercial bribery" of our country, and learns from the United States, Japan and other advanced Western countries of the legislation for bribery. Apart from the offense constitutes of the four elements, the writer also solves the fuzzy point in the judicial practice about the Subject Definition of the foreign bribery offense which is not clear; the range for this bribery which is blur; criminal jurisdiction which is not clear and the penalty set.This paper is mainly divided into the following four parts:The first part:from the legislative background of this crime, the writer analyzes the severe form of bribery crime abroad at this stage, learns from the experience of developed countries, such as Japan, USA and so on, for the punishment of overseas bribery. With the development of the bribery crime in China, the write also interprets the necessity of setting up the charge.The second part:From the vision about crime constitution of the four elements, the paper mainly focused on research and analysis of the spatial extent of the object involved in crime; Range of objective bribery, behavior and object for bribery; Distinguish between the individuals and units; "commercial" and "unfair" in the crime about the purpose of the subjective aspects.The third part:From the perspective of judicial practice, the paper is to identify the difference between "emotional investment" bribery with reciprocity in our country’s traditional custom, and comparison and analysis to the crime of "bribery "for the non-state workers were worked. Because it is foreign bribery crime, the paper finally makes a detailed analysis of the criminal jurisdiction for the crime.The fourth part:From the scope of range for the bribery and subjective purpose, the paper put forward rationalization suggestion to the penalty configuration to improve the legislation of our country.