The Research On Commercial Bribe Crime

The commercial bribe crime refers to in the market transaction activity, the operator takes obtaining the transaction opportunity or the advantageous commercial condition as the goal, the promise gives, the proposition gives or actual gives to concerned personnel of the transaction opposite party or other correlation personnel who can affect the transaction with the belongings or other improper advantage, the circumstances are serious or the amount is big; The concerned personnel of the transaction opposite party or other correlation personnel who can affect the transaction demands or receives the improper advantage from the operator, provides the commercial trade opportunity or the advantageous transaction condition for the operator, the circumstances are serious or the amount is big. The commercial bribes consist of two aspects: offering or accepting commercial bribe .In recent years, the commercial bribe crime has multiplied the spread in some professions and domain, poisoned the political vogue, the vocational vogue and the social convention, and has harmed the national interest and people's vital interest seriously. It has already become a malignant tumor in the development of our market economy. Therefore, at the beginning of 2006, the decision-making strata lists the commercial bribe crime as the key target. However, the commercial bribe crime was not stipulated explicitly in the criminal law revised in 1997. Therefore, on the basis of using legislation experience overseas, putting the commercial bribe crime into our criminal law as soon as possible, has an important theory significance and practice significance to the establishment of essential market competition order, and the healthy development of our country socialist market economy.This paper mainly divides into five parts. The first part mainly elaborates the selected topic background and significance of this article, and introduces the present research situation about the domestic and foreign related commercial bribe crime. The second part summarizes briefly the concept and cognizance of the commercial bribe behavior from the definition of commercial bribe illegal activity and commercial bribe criminal activity, and elaborates adequately the concept, the charge determined, the scope limits and the reason of independent conviction of the commercial bribe crime. The third part introduces in detail the legislation survey of US, Germany, Japan, Austria as well as"the United Nations Counter-corruption Joint pledge"about the related commercial bribe crime, these national legislation has characteristic respectively, and makes very big enlightenment to our country counter-commercial bribe crime. The fourth part has analyzed with emphasis the deficiency of present criminal law in the adjustment of commercial bribe crime , argues that the criminal law 163rd, 164 stipulation have not summarized perfectly the characteristic of the commercial bribe crime, the criminal law 8th chapter does not have the true discrimination between the commercial bribe and the public service bribe, the commercial crime of bribery does not have the systematic and explicit status in the criminal law, and the adjustment subject scope to the commercial bribe crime is excessively narrow and so on. The fifth part proposes the revision suggestion to consummate the correlation stipulation of our present criminal law , thinks that we must expand the main body of the commercial bribe crime, establishes its independent status, consummates legal punishment of the commercial bribe crime and so on, so as to attack crime fully and powerfully and escort the market economy.