| With the deepening of reform and opening to promote,market economy healthy andrapid development in the environment of free competition,making the gradualtransformation.Harm to the benign face of commercial bribery caused by the marketeconomy,the legislature also passed a lot of laws and regulations on the conduct ofcommercial bribery negative reviews from the legislative level,after several stagesthrough the improvement of legislation,to be acts of commercial bribery regulation,but still not completely contain the adverse effects of commercial bribery to the freedevelopment of market economy brings. By analyzing the current situation of China’santi-commercial bribery legislation,understand the state to punish commercial briberyfocus,intensity and direction. To study of anti-commercial bribery legislation,thestatus is bound to major national legislation and foreign anti-commercial briberycompared to find the place from which the benefits of the legislation of ourcountry,for our future perfect anti-commercial bribery law is benefits.Our legislatureand theorists through years of discussion and research,and gradually improve thetheoretical and legislative regulation of commercial bribery,although graduallyachieved good results,but the law has a lag,there are legal provisions vague andambiguous,in the face of commercial bribery frequent and diversity of behavior,viewthe inadequacy of the existing legislation and propose feasible suggestions to improvethe legislation.This article is divided into three parts,in-depth study of the three issuesand made some sound recommendations.First chapter: through an overview of the legislation of commercial bribery in ourcountry,from two dimensions of administrative and criminal legislation of commercialbribery in our country legislation present situation,the analysis of commercial briberybehavior to harm caused by the benign development of the market economy,areChina’s legislature against commercial bribery crime. Enumerate several foreigncountries against commercial bribery legislation,review the concept of the punishmentof commercial bribery crime abroad and focus,comparing our country and foreigncommercial bribery law enforcement agencies,as well as domestic and internationalcommercial bribery legislation mode are different. The second chapter: on the specific content of our commercial bribery legislation.From two aspects: form and substance analysis of China’s efforts to crack down oncommercial bribery crime,and examines the existing problems and deficiencies,suchas commercial bribery crime criminal legislation on the crime constitution andcriminal responsibility on the existence of defects,as well as fighting againstcommercial bribery and criminal and civil, administrative remedy problems and soon.The third chapter: in view of the problems existing in our commercial briberylegislation,puts forward the improvement of the detail Suggestions,hope to be able toperfect the legislation on the regulation of commercial bribery crime. |