Study On Prevention Strategy Of New-typed Commercial Bribery Crime In China

Commercial bribery crime is bribery crime which occurs in the business sphere in short. As the crime of commercial bribe behavior, its scope should be corresponded to all the bribery crime in criminal law.Commercial bribery crime is a cancer of market economy. The judiciary continues to hit it in recent years. But the current development condition of China's commercial bribery crimes become more serious for various reasons. Besides the resurgence of commercial bribery existing in certain sectors, but also fueled by international multinationals. These commercial bribery crimes not only undermined the fairness of the transaction order, affected the healthy development of the market economy seriously, but also weaken the credibility of the government departments, and even affected the international image of China and the competitiveness of enterprises in the international arena. Commercial bribery crime is a global problem, and also one of the important social issues that the current Chinese society pays the most attention. To study the commercial bribery crime is not only the demand of reality, but also the development of criminal legislation and judicial practice.The article is based on the discussion of characteristics and causes in various new types of commercial bribery cases. And we focus on proposing the preventive measures.Firstly, the article starts from the data about investigation of commercial bribery crimes, combining with actual cases which were investigated in a series of representative commercial bribery events and serious cases happened in country and provinces recent years. The writer classifies and summarizes the emerging new types of commercial bribery. Such as practice-based, non-material type, type of foreign bribery, short-term and long-term cooperative transactional commercial bribery. This has become a kind of "hidden rules" and continued to hinder the healthy development of market economy in our country.Secondly, the author analyzes the reasons of new types of commercial bribery, which mainly due to incomplete legal system, existing imperfections like sketchy law and too narrow specification; appearing "bottleneck" problem which restricted the detection, such as unsmooth investigation links, unclear functional authority, bull management, backward detection methods, poor international judicial cooperation. Penalty effect is not ideal, the discipline is not heavy. The matching system is not complete and the work of anti-commercial bribery is lack of transparency. Social atmosphere is unhealthy and tolerance for the crime of commercial bribery is high.Finally, Commercial bribery crime is a common problem that every country in the world is confronted with. The legislation of the commercial bribery crime in overseas and international community has been increasingly emerging such trends as tightening the arm of the criminal law. Although there are. the same points about the legislation of commercial bribery crime among China, overseas and international community, their spirit is quite different. Therefore, the author configured separately on improving punishment assignment, ownership of jurisdictions for commercial bribery, integration of international pattern to anti-commercial bribery. The author proposed control countermeasures to new types of commercial bribery, combining with the owner's long-term work practical experience in procuratorate. Countermeasures are integration of the legal system against commercial bribery, rationalize the detection system, concentrating on international cooperation, improving the penalty allocation, enhancing effectiveness in handling cases, establishment of commercial bribery exposure platform, strengthen publicity and education, attention to cultivating ideas and so on. The author is aim to raise his own proposals to further the management of commercial bribery effectively.