| "Commercial bribery"is not strange words for people. Newspapers often appear that corrupt official has been captured or accept bribes. These are the development of Chinese market economy continues to breed out of the issue. Nowadays, Chinese commercial bribery, as the danger of the plague continued to spread and even become from in or out is a hot and difficult problems. If not contain, it will seriously damage Chinese reform and economic and social healthy development. June 29. 2006,"Criminal Law Amendment (6)"the smooth passage of Chinese commercial bribery legislation has been improved. In 2008 Supreme People's Court, the Supreme People's Procuratorate formulated the "on the handling of criminal cases of commercial bribery law applicable to a number of issues opinion, the opinion to Chinese commercial bribery issues have been further discussion and guidance. But the seriousness and manifestations of diversity and the lag of the law itself, so commercial bribery crimes legislation gradually demonstrated its own deficiencies. Therefore,the improvement of criminal legislation is particularly important. In this text, commercial bribery crimes fundamental questions, it is divided into three parts. From analysis and discussion, pointing out the problems and propose countermeasures.The first parts mainly talk about the definition and legislation to clarify the basic situation. First of all, I believe that is necessary to study commercial bribery crimes, should be clear what it is; and make it clear what are commercial bribery crimes, first of all should be clear what commercial bribery is. It is currently mainly in the field of economic law to use and provides rather than in criminal law and is no clearly defined. Commercial bribery Crime is not definite. The author through analysis theory that analyze the composition of commercial bribery, commercial bribery, the meaning derived that the definition of commercial bribery can not be too specific and limited, should grasp the macro. Therefore, commercial bribery crime is in the commercial sphere, the operators in order to gain a certain degree of commercial interests, through a variety of business transactions resulting from bribery. Secondly, in order to make a cushion for the lack of legislation below by combing the status quo of Chinese legislation to see the strengths and weaknesses.The second part mainly discusses Chinese current legislation from the three sides discussed. First of all, from the charge system point of view, the main body of Chinese current regulatory system is quite narrow, it leads to set up the offense has some limitations and become some controversy, resulting in a number of lists of questions, such as the unit of accepting bribes, unit bribery of units set up reasonable? Should additional personnel on the influence of accepting bribes and bribery of influential persons? Should a foreign public official or officials of international organizations and accepting bribes to foreign public officials or international organizations, officials of bribery? Secondly, I believe that the principal regulatory system is quite lacking and imperfect. For example, national staff finds that reasonable? The"opinions"that include teachers and doctors in the scope of the subject,but the range of uncertainty is still left many questions. With regard to the scope of the problem of bribery,"opinions"will be extended to the property, but is it enough? Non-property interests of the social harm caused by how to deal with? And set up amount is it reasonable? Finally, the penalty is set,the author believes that the death penalty, setting unreasonable. The crime of accepting bribes and bribery sentences are not balanced and qualifications of the lack of punishment and property. Discussion of these deficiencies will not only make us more clear but also for the improvement to the guidelines below.The third parts mainly discuss Chinese commercial bribery legislation. This is also the focus of the full text. First, in the improvement of the charges on the units of bribery, I believe that only in the corresponding provisions of a separate one, to retain"a unit commits the crime of the preceding paragraph, the unit will be fined, and its directly in charge and other directly responsible for the human eye, in accordance with the provisions of the preceding paragraph punishment"can be. This allows commercial bribery system more reasonable. And the influence of personnel should be added to the crime of bribery of foreign public officials or the provision of a public international organization officials of the crime of bribery of foreign public officials or public international organization officials of taking bribes, so that criminal charges of commercial bribery system even better. Secondly, in the Elements of perfection, the author believes that national staff should be to narrow the scope. The scope and content of doctors and teachers should also be further specified. With regard to the scope of bribery should be the community will face serious harm to non-property interests are included in the scope of bribery. Abolition of the amount relaxes the starting point and enhances efforts to combat commercial bribery crime. Finally, the penalty is set; the author believes that fines should be increased penalties for the use of torture and qualifications. Balance of commercial bribery criminal penalties configuration, abolish the death penalty, and further improvement of Chinese commercial bribery,the penalty system. Although three parts, we can clearly see the commercial bribery crimes legislation and its missing, and made a number of responses and comments. However,there are still many problems, such as doctors and teachers about the connotation and extension of the interests of non-property specific provisions, are needed to be a deeper study. Ranging from weak theoretical foundation as well as the author knowledge of the narrow, can not help but have a lot of problems can not be resolved. But I hope that this article only to the study of commercial bribery. This is the value of this article.
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