Cognizance Of Commercial Bribe Crime Judicial Knotty Problem

Cognizance of commercial bribery crime should first be the subject of crime point of view, form the backbone of commercial bribery can only be in certain positions in the company, enterprise or any other entity, with certain terms of reference staff. From a subjective point of view, whether the perpetrator is a subjective benefit for others, is an important criterion for distinguishing crimes nor crimes. That is, the solicitation or acceptance of other people’s property, the actor intended to seek benefits for others, would constitute crimes, otherwise, does not constitute a crime. Constitute the crime of commercial bribery, solicitation or acceptance of other people’s property, is required, no bribery, it does not constitute a crime. Second as seen from the means for their implementation, which must take advantage of his position as a tool, if the perpetrator or an illegal act of accepting other people’s property, without using their duties or their positions without any relation, on premium constitutes a crime. Commercial bribery crimes accept the object can only be a property, such as cash, marketable securities and real property interest, if the perpetrator belongs to or illegally accept non-property interests, it does not constitute a crime. Final from taking on the amount of property would constitute commercial bribery requires large amounts of receiving property, if the amount of people receiving property does not meet the level of conviction, does not constitute a crime.So-called commercial bribery crime and ordinary crime of accepting bribes and have some difference. A different is the subject of criminal and former staff of the subject of crime of non-State-owned units, after the subject of crime of national staff. Second is the use of different conditions, former crime is used in companies, enterprises or other units in management positions, after administration of crimes is the use of national staff. Three is the direct object of the violation of different crimes before the object was justified and fair market order and company, enterprise or any other entity integrity of service activities for staff, national staff and the integrity of crime after.Commercial bribery crimes contrary to the basic principles of the Socialist market economy, and undermine the market order to impede fair competition and rational distribution of resources, affecting the investment environment, increasing the cost of doing business, resulting in reduced state tax collections and State-owned property was misappropriated, causing bad social influence. Paper from commercial bribery concept of basic theory problem starts with, on commercial bribery of origin, and defines, and nature and features for has full and in-depth of reveals and analysis, on commercial bribery crime of constitute elements made has corresponding of standardized expressed, and on several class commercial bribery crime in the of problematic and the frontier problem for has analysis, to Greek can for China punish commercial bribery crime provides theory of help and reference.