Research On The Crime Of Commercial Bribery Legislation In China

Commercial bribery is not inherent in the concept of criminal law, which is to facilitate the use of more judicial practice and theoretical research. For commercial bribery, administrative law and criminal law have made their regulatory,although the two laws differ in regulatory scope, content regulation, but they are essentially commercial bribery- produced on the basis of the interests of the temptation(or at least the actor hopes generated) exchange of interests, combined with their respective legislation mission, the legislative purpose and then apply different legal responsibilities. Commercial bribery has multiple illegal, hidden, high-fat and other feature, there are many reasons for the formation of social, historical, rule of law and development. Therefore, we need to compare their research in many ways. The Taiwan, China, Japan and Germany, commercial bribery legislation and can be found in our country in comparison, there are differences between our country and those countries and regions in legislative mode, crime classification, as well as penalties for bribery bribes range of aspects. Among these differences, some of which are based on consideration of the criminal policy of the State to make regulations, while others belong to defect criminal legislation. Specifically, these defects are: first, on charges of "non-official type" commercial bribery crimes unit set is missing, resulting in lack of such unit crime criminal regulation; second, guilt pitfalls- "non-official type Commercial Bribery " in " staff from other units of the " destruction of the provisions of the Criminal Code of the perfect form, " businesslike " commercial bribery crime " for the benefit of others " should not be used as constituent elements of accepting bribes; and third, the penalty set Defect- missing part Penalty charges, bribes penalty set too rigid. In response to these shortcomings, "The amendment to the criminal law of the People's Republic of China nine" in setting penalties and two counts of giving the perfect setting to some extent, so that commercial bribery French tighter. In future legislation, still need further improvement where there is: the Chapter III to "hinder the company, business, Management order crime and other units," the introduction of "non-official type" commercial bribery crimes unit, and The bribes in "for the benefit of others," Elements deleted to comply with practical needs, facilitate academic exchanges.