Companies, Enterprises And Other Units Of Accepting Bribes Main Study

Being in an critical transition time, China has to face a difficult problem ofhow to regulate the unfair competition behavior, especially of commercialbribery. Because this kind of behavior not only break the order of the marketeconomy, but also damage the consumers' legal rights. To punish this crimeeffectively, The Criminal Law of The Pepoles Republic Of China(revised in1997)added a new charge: The crime of accepting bribes committed by anemployee of a company or enterprise. But, according to the legislation, thesubject of this crime is only limited to the employee of company or enterprise,it has caused a lot of controversy. For example, doctor can walk away totallyfrom punishment after he accept bribes just because he works for a hospital,not a company or enterprise. This problem has been corrected when the sixthamendment of The Criminal Law is enacted. But, as there are a lot ofinsititutions whose role and definition is uncertain exist in our society, it is stilla problem of how to differentiate commercial bribery from bribery. Forexample, does the arbitration commission belong to "other institution"? If aarbitrator accept bribe, which kind of crime should he be charged with? Thisthesis intends to contribute to the precise definition of accepting bribescommitted by an employee of a company or enterprise, especially of how todefine the subject of the crime scientifically.This paper can be divided into four parts. Section 1 is about the generalsummary of the crime of accepting bribes committed by an employee of acompany or enterprise. In this article, the author illustrates and analyzesevolvement and development of the regulations for this crime. In section 2, theauthor expounds how to define the subject of this crime precisely. Here, theauthor brings forward two questions: the first is about the characteristics of thiscrime; the second is about definition of the subject of this crime. Section 3probes into the problem of how to deal with the arbitrator who accept bribes.In this article, the author makes a thorough study of arbitration commission.After that, the author points out that arbitration commission is anon-government organization, and the arbitrator who accepts bribes should be charged with the crime of accepting bribes commited by a employee of otherinstitution,not the crime of bribery. Section 4 is the conclusion of the full thesis.In this part, the author makes it clear that the purpose of this paper is tocontribute the precise definition of the subject of crime of accepting bribescommitted by an employee of a company or enterprise.