The Perfection Of The Legislation Of The Commercial Bribery Crime In Our Country

This paper is based on the analysis of The United Nations Convention Against Corruption, and then comments the current situation and the insufficient of the criminal legislation of the commercial bribery crime in our country, just based on leading to the legislation idea of the crime of commercial bribery in the convention. And then raises the suggestions of the perfection of the criminal legislation of the commercial bribery crime in our country.Except the preface and epilogue, this paper contains four parts:The first part: The regulation of the crime of commercial bribery in the United Nations Convention Against Corruption. This part is based on the analysis of the general situation and value of the Convention, and expounds the regulation of the crime of commercial bribery in the United Nations Convention Against Corruption. And then discusses the specific provisions of the crime of commercial bribery in the convention. Such as four parts: Bribery of national public officials; Bribery of foreign officials of public international organizations; Bribery in the private sector and Trading in influence, and then analyses their constitutions carefully. At last, lead to the legislation idea of the crime of commercial bribery in the convention: The ideas of entirety, equilibrium, globally, prevention, international cooperation and so on.The second part: The current situation of the criminal legislation of the commercial bribery crime in our country and its comments. This part mainly expounds and comments the current situation of the criminal legislation of the commercial bribery crime in our country, and then get the conclusions as follows: the charges system of the crime of commercial bribery has some omissions; The elements"seek interests"of the crime of commercial bribery has some limitations; The definition of the range of bribe in the commercial bribery crime is conservative; The behaviors of the commercial bribery crime tends to singleness; The punishment Settings of the commercial bribery crime has some defects. Compared with The United Nations Convention Against Corruption, we should reinforce the international cooperation and import the regulations of the spot witness.The third part: The reestablish of the legislation idea of the crime of commercial bribery in our country. This part mainly discusses the reestablish of the legislation idea of the crime of commercial bribery in our country. Just by combining the United Nations Convention Against Corruption, gets the conclusions as follows: we should establish the idea of equilibrium, coordination, prevention, international cooperation, justice and so on.The last part: The perfection of the criminal legislation of the commercial bribery crime in our country. This part mainly discusses the perfection of the criminal legislation of the commercial bribery crime in our country, Firstly, discusses the legislation idea of the perfection of the criminal legislation of the commercial bribery crime, and then combines the United Nations Convention Against Corruption, including the charges system, the constitutions, the system of punishment and other aspects, and then gives the suggestions for the perfection of the commercial bribery crime in criminal legislation. The paper suggests establish the bribery crime in enterprise not belonging to the nation and discusses the Bribery of foreign officials of public international organizations; and then inquire into the Trading in influence and suggests getting the commercial bribery crime into the crime of washing money;and then revises the elements"seek interests"of the crime of commercial bribery and expands the range of bribe in the commercial bribery crime; and at last raises some perfections of the punishment Settings of the commercial bribery crime and we should take the international cooperation and the regulations of the spot witness into the criminal legislation of our country and the author suggest clearing the division on investigating the commercial bribery crime by procurator.