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The Commercial Bribery Studies

Posted on:2007-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:X P WuFull Text:PDF
GTID:2166360218462329Subject:Law
Abstract/Summary:PDF Full Text Request
Commercial bribery in commercial activities is the development process, with the main investors and operators gradually separating the main negative product。China's reform and opening up in the process of building a socialist market system, with the growing commercial activities, it has become a popular unspoken rules of the market, causing a serious political, economic and social harm. 163 of the existing "Criminal Law" in the company and corporate officers of the crime of commercial bribery crimes, there were mistakes in the legislation, not the reality of all sorts of commercial bribery due to the criminal penalties。This paper points out current criminal legislation on commercial bribery and the lack of corresponding improvement recommendations。This paper analyzes the crime of commercial bribery in the theoretical and practical basis in reality, in today's world, commercial bribery has become a major form of bribery; In theory, some countries have legislation on commercial bribery made, from the 1980s, the early days of reform and opening up in China has successively promulgated the regulations。However, the current legal system in China can hardly meet the current needs of management of commercial bribery。Therefore, improving the management of commercial bribery in the legal system, fill the existing commercial anti-bribery legislation errors and shortcomings, is the most urgent task。Meanwhile, to fulfill our international obligations under the Convention。The article passed the second part of the development process of taking bribes for business analysis, summed up the characteristics, laws and regulations in 1995 for the first time in the form of separate criminal acts of commercial bribery, provided that the company really taking bribes from a scientific way, the crime of accepting bribes generally separated。The third part of the article, the concept and commercial bribery charges for crimes defined under the "Criminal Law Amendment 6 (Draft)" section 3 of the amendments put forward the "criminal" charges should also be 163 companies and corporate officers of taking bribes to amend the crime of taking bribes for commercial point of view。Part IV of the article focus on commercial bribery constitute a criminal offense, according to the " Criminal Law Amendment 6 (draft)", the amendments proposed to expand the statutory definition of a bribe, and the abolition of "seeking benefits for others" and "to seek illegitimate interests" Elements such as perspective。In order to achieve a sound and healthy commercial bribery crimes legislation, changes and developments in the market economy。Articles 5 and 6 parts of the crime of commercial bribery and criminal responsibility for the analysis, due to commercial bribery punishment enough, it is necessary to intensify the use of Penalty establish eligibility sentence。In my last article from the proposed legislation on how to improve the business of taking bribes of some ideas and proposals to further define commercial bribery crimes entity "in the work of other staff", defined as it set the standards for the amount of crime that carries a perfect system, companies, enterprises and other units of the act itself into this crime every year。...
Keywords/Search Tags:Commercial bribery, Taking bribes, Bribe, Non-material interests, Rebate
PDF Full Text Request
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