The Type Of Commercial Bribery Crime And Its Judicial Cognizance Question Research

In the present criminal law theorists, there are some controversial issues about crimes of commercial bribery which worth studying. Based on the existing academic achievements, the author wants to expound his views on commercial bribery from three aspects-the legislative evolution and definitions of the crime, the different kinds of behavior of the crime, and judicial recognition of the relevant clauses to the rime. This article is divided into the three chapters:Chapter One is an overview of crimes of commercial bribery. This chapter is divided into two sections. The first section introduces the legislative evolution from both the perspective of non-criminal law and the perspective of criminal law. The second section analysis and expounds the connotation and extension of commercial bribery crimes. Due to the fact that commercial bribery is not a statutory crime, there are some controversies of the definition of the crime in theory. The author will try to get the best connotation through the analysis of the advantages and disadvantages of several typical views of the crime. As for the extension of commercial bribery, although the related judicial interpretation has explicitly set eight specific crimes involving commercial bribery, we must make a distinction between commercial bribery and public servant bribery. The author will focus on analyzing and expounding the difference between commercial bribery and public servant bribery.Chapter Two studies the cognizance of the new types of commercial bribery. This chapter is the core of this article. It is divided into six sections. By analyzing the related cases in the judicial practices in recent years, the author respectively discusses the problems of virtual property bribery, bribery of intellectual property, property interests of bribery, bribery and collection transaction of commercial bribery, entrusting the cognizance of commercial bribery.Chapter Three is the research on judicial recognition of relevant clauses to commercial bribery. The clauses in criminal law are the direct legal basis to convict someone of a crime in judicial practices. Therefore, only accurate understanding and grasp the meanings of relevant clauses can we strike the crime of commercial bribery. This chapter is divided into two sections. The first section is to explain a series of terms related to "in economic activities". The second section is to explain the term of "taking advantage of job convenience".Finally, in the conclusion part, the author illustrates the purpose and significance of writing this article. We must figure out the connotation and extension of commercial bribery crime, the judicial recognition standard of different kinds of commercial bribery behaviors, and the meaning of relevant clauses. Then we can strike and punish commercial bribery crime more effectively. In addition, the author also puts forward some prevention measures and mechanism to control commercial bribery crime.