Study On Criminal Legislation Of Commercial Bribery

Since the reform and opening up, China’s the increasing spread and intensified,become a malignant tumor in our society, is a hot and difficult problems within thecountry and the world. Commercial bribery has serious social harm, it is not onlydisrupting the normal operation of the order of the commodity economy, violated thelegitimate rights and interests of the market order of fair competition and consumers,which if left unchecked, seriously affect China’s reform and opening up the market thehealthy development of the economy, but also may be the corrosion behavior of theintegrity of public servants duties and norms, and ultimately affect the stability of thecountry’s long-term stability and social order. June29,2006, the Criminal LawAmendment six)"criminal legislation passed on commercial bribery were perfect.December25,2008, the Supreme People’s Procuratorate jointly issued opinions onCommercial Bribery criminal case law applicable to a number of issues, the views onsome of the practical problems faced by the commercial bribery in China at this stagefurther exploration and guideline.February25,2011Criminal Law Amendment (h)"criminal legislation passed oncommercial bribery were perfect. But the diversity of the seriousness of the crime ofcommercial bribery and manifestations, as well as the，I believe it is necessary toimprove to make the crime of commercial bribery in the criminal legislation on theexploration and study. On the basis of foreign legislation, to identify defects anddeficiencies of China’s commercial bribery, criminal legislation, to put forward theirown ideas on the counts of system elements and the penal system of perfect.In this paper the main body is divided into three parts：The first part of the domestic and international legislation on commercial bribery.Analysis of foreign legislation and the legislation of two angles. First, the foreignlegislation is analyzed from international conventions and foreign legislation, one ofthe "United Nations Anti-Corruption Convention". The second is the InternationalConvention Against Corruption punishing the crime of commercial bribery. Followedby foreign legislation, is to introduce the two countries in the United States and Japan, on the basis of the analysis of the current status of the criminal legislation of theUnited States and Japan, two countries, can learn from. Secondly, to analyze thecriminal legislation of the status quo of China’s commercial bribery. New specificallypunishing corruption and bribery laws and regulations formulated by the founding ofChina-April21,1952, the People’s Republic of China to punish corruptionOrdinance to the February25,2011Criminal Law Amendment (h)"the promulgationof, making the legislative process of our country punish commercial bribery to speedup gradually. To punish the crime of commercial bribery, to maintain the marketeconomic order of fair competition, promote the improvement of honest government,and social atmosphere. But with the economic development and social progress,compared to foreign countries the status of legislation there are still many defects anddeficiencies, which need further research and discussion, to make it more conduciveto the judicial practice, better play to the criminal law to curb the function of thecrime.The second part is on the basis of foreign legislation, pointing out thedeficiencies of the criminal legislation of commercial bribery. The first is the systemof charges is not perfect; second is to constitute a lack of elements: the main toonarrow, too narrow bribery, additional conditions for the benefit of others "defect, theamount of limited problems; the third is the penalty set the imbalance: heavy briberylight bribery, on the set of additional torture, the death penalty applies to commercialbribery. Of these missing not only allow us a more clear understanding of China’scriminal legislation on the crime of commercial bribery, paving the way to do for theperfection of the legislation below.The third part of commercial bribery legislation to improve. The first is toimprove the count of system: the abolition of the units of accepting bribes, units ofbribery, Set in units of bribery. Followed by addition of a foreign public official or apublic international organization officials of taking bribes under the United NationsConvention against Corruption, the crime of bribery of influential persons. The thirdis to improve the elements. First, expand the main range of the bribe, so that increasethe individual subject of several commercial bribery, the non-state units into the main range of commercial bribery, the scientific definition of the extension of the medicalstaff and teachers ". The second is to expand the scope of bribery; cancel theconditions "for the benefit of others" as a sentencing factor to consider; cancel theamount of qualified. The fourth is to improve the penal system. One is perfect, fromthe set of balanced penalty from efforts to increase the criminal fine and to expandeligibility punishment up to improve the setting of additional punishment; Third,apply the death penalty from the abolition of commercial bribery crime up perfect.Above idea to improve the criminal legislation of China’s commercial bribery.The process of completion of this article, the author made reference to the largenumber of documents, and learn a lot of knowledge and thinking problems, to try tomake China’s commercial bribery legislation has improved steadily through the abovethree aspects. However, due to the author’s lack of theoretical knowledge andacademic achievements are not enough deep, capacity, there is a great lack ofunderstanding and awareness on many issues is still very shallow, and sincerely hopethat this and look forward to you and teachers criticized the correction.The process of completion of this article, the author made reference to the largenumber of documents, and learn a lot of knowledge and thinking problems, to try tomake China’s commercial bribery legislation has improved steadily through the abovethree aspects. However, due to the author’s lack of theoretical knowledge andacademic achievements are not enough deep, capacity, there is a great lack ofunderstanding and awareness on many issues is still very shallow, and sincerely hopethat this and look forward to you and teachers criticized the correction.