A Study On The Crime Of Commercial Bribery In Engineering And Construction

Daunting challenges have been posed to the national authority, market mechanism and social credibility by the rampancy of commercial bribery in China, a by-product of the ongoing reform and opening-up policy. It is more than obvious in engineering and construction, thus law enforcement departments and social media give the bribery of this kind quite an attention.The paper, based on the ontology of crime constitution, analyzes incrimination conditions for commercial briberies in engineering and construction industry and unambiguously defines this type of crime from four perspectives of subject of crime, subjective, object of crime and objectives. Great harms to society resulting from this type of crime are manifested in-the abuse of power, management disorder in engineering and construction, poor engineering and construction which threaten the life and property of people, terrible social practices and social inharmony and instability. This type of crime is super complicated and hard to identify at first, and quiet often involves a large sum of money, top officials and a long period of crime commitment.The commercial bribery in this field could be broken into following sub-dimensions. They are process of market access approval, design and planning, bidding, procurement of materials and equipments, construction, project budget as well as public projects and housing demolition and relocation. At the end of analysis, major causes of commercial bribery in engineering and construction are the abusive power, high profits, inefficient regulations and defective punishment. This paper also sums up the inefficiencies in the prevention and control of this type of bribery via analyzing some major cases in recent years, and built on that, it not only takes a close look at the laws and regulations on commercial bribery from the legislative point of view, but also illustrates investigation methodologies on specific cases. On the macro level, first, laws and regulations in this field should be improved. It is suggested that the crime of commercial bribery should be clearly identified and Law on Anti Commercial Bribery be formulated with a clear-cut legal responsibilities. A special unit against commercial bribery in public security organs is suggested to be set up. So is a tainted witness system with an improved secretive procedure of evidence collection. Second, greater efforts should be given to better the monitoring system both internally and externally, the coordination and cooperation system among different law enforcement agencies and a routine mechanism to prevent, control and smash commercial bribery. On the micro level, the paper touches upon how to investigate specific cases and where to start, such as checking and freezing the deposit account and remittance of bribery-takers, collecting evidence by checking bills, using secret investigation methods and so on.Building a socialist harmonious society requires a legal environment that is fair and just. The bell of anti-corruption tolls in the world, and the trend of smashing commercial bribery is inevitable.