Legislative Study Of Commercial Bribery

Currently, commercial bribery is already become "the malignant tumor" of the society. Its negative function is affecting our country in various domains. Commercial bribery destroys the fair competition of the market environment, reduces the market economy operating efficiency, multiplies the massive economies and the public service crime, is harming the populace benefit , thus caused the entire society to take highly. Therefore, it is necessary to conduct the fundamental research and the discussion from the legal stratification plane to the commercial bribe behavior, bases legislates the present situation in our country, and in profits from the foreign correlation legislation experience above the foundation, promotes the counter-commercial bribe legislation system consummation. This article altogether divides into four parts. The first part has briefly analyzed the commercial bribe category limits question, searches by this achievement analyzes the commercial bribe legislation question the foundation. This chapter carries on the elaboration from two aspects, namely the commercial bribe crime concept and the commercial bribe produces the reality harm and the reason, and have emphatically analyzed the commercial bribe crime category limits question, from under the economic rules and regulations linguistic environment commercial bribe concept and the criminal law linguistic environment commercial bribe concept two aspects, conducts the research. The second part has mainly outlined the commercial bribe crime legislation characteristic. Research commercial bribe crime legislation characteristic, on the one hand can a clearer boundary decide the commercial bribe with other bribe crime boundary, on the other hand also can well the thorough understanding commercial bribe crime connotation, and further discusses the correlation legislation question take this as the foundation. The author launches from the commercial bribe crime constitution characteristic, through searches analyzes the commercial bribe crime the object, the main body, the objective aspect, the subjective aspect, further defined commercial bribe crime legislation characteristic. The third part has analyzed the commercial bribe crime legislation flaw, attempts to find the question the production root.This chapter analyzes at present to legislate emphatically the question which the system existed, concrete manifestation in: The legislation level low, the article content existence hysteresis quality, the jurisdiction institution not unified, the law enforcement method simplification, the discretion of punishment overweight as well as the penalty establishes simplification these aspects. The fourth part is to the counter-commercial bribe legal framework consummation. This chapter is author entire article heavy inking. In this chapter, first is to the commercial bribe crime constitution important document consummation. The author from the commercial bribe crime main body important document, the objective important document as well as the subjective important document three angles put forward the related legislation proposal. Next is to the commercial bribe legislation pattern consummation. This take the overseas legislation pattern as the research angle of view, through the contrast and the model, proposed our country legislates the pattern which should adopt. Is once more the consummation which the commercial bribe crime penalty establishes. This proposed the addition fine punishment, the addition qualifications punishment, abolishes the death penalty as well as strengthens to bribes the human penalties and so on attack dynamics to suggest. Finally is to the commercial bribe crime law enforcement and the legal system consummation, because the legislation system consummation needs to relate closely similarly with it the law enforcement legal system coordination and the engagement, the author take this as a breakthrough point, proposed the correlation countermeasure and the ponder.This article object of study is the commercial bribery rime legislation related question, in particular take criminal law rules and regulations as research key. The author take the existing criminal law system as a starting point, through the problem to the system in the analysis, proposed own ponder and the suggestion, and hope these ponders and the suggestion, will be able to provide certain help to the counter-commercial bribery crime in legislation research.