Business Bribery Subject Studies

Business bribery is a relatively new concept, the meaning and characteristics of the theory and practice of criminal law in our country are there is a big controversy. Refers to, the author thinks that official bribery crime, the offender is engaged in business activities in the process of using public power rent seeking illegitimate interests of the individual, for others’ property and property, or illegally accept them damage the integrity of the behavior of national staff position. Its characteristic has three:first, the public has particularity of bribery crime in the criminal court. Second, official bribery crime, there is a special object of the crime. Third, official bribery crime has particularity on the object of the crime.Today, business bribery corresponds to the concept of commercial bribery is the study of commercial bribery is in full swing at home and abroad. Commercial bribery and the fundamental difference between business bribery performance for two things: one is the commercial bribery crime spot is commodity production, exchange, distribution, service and other fields, and official bribery crime spot is public domain; 2 it is commercial bribery violations object is fair competition in the market order, and the business bribery violations of state personnel duty behavior is integrity.Business bribery subject that there are multiple problems. First of all, after new China legislative changes frequently, chaos related regulations. The main body of business bribery scope expands, reflects the current severe situation against corruption. Second, the cognizances of legal interpretation state personnel do not match the standard. Since the late 90 s of the 20th century, the essence of the supreme people’s procurator ate long-term adherence to the standard, "the official said." and the supreme people’s court is not willing to give up form standard - "identity" and the coordinates of the National People’s Congress (NPC) - "compromise". Again, the cognizance of "left" and "departure time". In 2009 of the criminal law amendment (7) increased use of influence on corruption charges, a few years in the past, theory and practice on how to define the concept of "left" and "departure time"remains controversial. Finally, other closely related parties identified issues. The concept of "other closely related parties" in the related problems of insufficient attention and research, not only lead to its connotation ambiguity, also caused chaos in the judicial practice.Identified new ways of business bribery main body with breakthrough must begin from the following ways; first, perfect the special law of official business the scope of bribery subject. Standardize official bribery main body of the scope of needs, from the perspective of the internal and external two channels. The inner aspect, it is necessary to perfect the business scope of the main body of taking bribes; Special law is needed in the outer side, to clear positioning of official corruption. Second, the "state personnel" standards. The author on the basis of reference to absorb the advantages of the above standards, puts forward more operational and rationality of "identity business correspondence" standards. Again, the cognizance of national staff leaving the company. Decided to leave from the basic characteristics of national staff leaving the company is in the analysis of the general meaning of the departure. Departure should be started in the offender clearly know you don’t have the national staff identity, has no impact on the departure of departure time. Finally, the cognizance of other closely related parties. In the process of judge other closely related parties, delimit the scope of the closely related parties in advance, typed inspecting approach should give way to the essence of the later method. Accordingly, the emotional elements - deep and interests - matters should be necessary to judge whether it has close relation between people.