The Research On Unit Committing A Crime Of Offering Bribes In Commercial Bribery

In China's judicial practice,a unit will bear the criminal liability of offering bribes committed or arranged by leaders of the unit.However,when members of the unit commit a crime of offering bribe due to the unit's unreasonable system,only the individual who committed the crime not the unit will bear the criminal liability.The current model of liability ignores the unit's personality characteristics as the main body of the crime and its organizational liability.The operating mechanism of the unit induces its members to offer bribe or acquiesce for pursuing the unfair advantage and special treatment of the unit.The reason for this is our understanding of the essence of corporate criminal liability stays on the conversion of specific individual criminal liability,without regard to organizational liability from perspective of the unit's personality characteristics,such as internal policies,procedures,rules and regulation.By examining the relevant laws and practices of America and Britain,we can see that severely punishment of the unit crime and attention to the unit's compliance project has achieved preventative effect.Combined with the results of economic research on causes of commercial bribery,this paper proposes that China should change the current model of unit committing a crime of offering bribes,and determine corporate liability according to the unit's personality characteristics.When the members of unit offer bribe to others,the unit should bear criminal liability if the unit issues bribery order or instruction,or the unit's internal policies,procedures,rules and regulation promote bribery,or the unit knowingly indulge its members offering bribe.At the same time,anti-corruption compliance programs should be taken in the scope of criminal law,which help to justify the unit's behavior or mitigate punishment.The combination of external punishment and encouragement of internal compliance programs can realize the reasonable punishment and effective prevention of commercial bribery crime.