The Limits Of Administrative Violation Of Commercial Bribery And Commercial Bribery Crime

Commercial bribery crime is not a normative legal term.It is neither a specific crimes,nor in all kinds of crimes.It is a collective noun of bribery crime occurred in the economic field.If the commercial bribery is serious,or is harmful to the society and then constitute a crime,what is great.But commercial bribery with that of the simple commercial bribery crime is not there.As a result,boundary points of commercial bribery and commercial bribery crime is difficult.This paper is divided into five parts to discuss:The first part is basic concept.In this paper,I combine with the relevant laws and regulations as well as scholars' research results,and clearly define the concept of commercial bribery and commercial bribery crime.This is the precondition of discussion.In addition,According to the constitutive requirements of the crime,commercial bribery crime is divided into regular commercial bribery crime and special type of commercial bribery crime.The second part is the path of boundary point reflection on the old.The author reflects on the views of both at home and abroad,and agree with “Constitutive requirements said ”.But,not like before the constitutive requirements of crime in general is analyzed,depending on the internal composition of commercial bribery crime to its classification.According to the characteristics of every kind of constitutive requirements analysis.The author calls it "constitutive requirements correction said."The third part is the crime analysis of “Special type of commercial bribery crime”.In this part,the author analyzes the concept,form and properties of rebates,and analyzes the constitutive requirements of crime one by one.The fourth part is the crime analysis of “Common type of commercial bribery crime”.In this part,the author analyzes on the relationship among crime related to “Common type of commercial bribery crime”,and analyzes the constitutive requirements of crime one by one.The fifth part is the reflection of commercial bribery crime.In this part,the lack of commercial bribery crime in the criminal law in our country has carried on the brief reflection.