A, commercial bribery elements
1, commercial bribery is the subject of the general subject, as long as it is "for the purpose of seeking undue advantage, to companies, enterprises or other units of staff to the property," can be constituted by the crime of commercial bribery. In commercial bribery, if the bribe is provided in the name of the operator's legal entity, the implementation of the will of the legal person, the legal person shall be held liable for the crime of commercial bribery subject. If the operator's agent in order to personally promote more goods or pull back the source of goods, in their own name, their own bribes by all means, the agent personally is the subject of the crime of active bribery.
2, the subject of commercial bribery is a company, enterprise or other units of staff. Newly adopted amendments to the criminal law (VI) will be expanded to companies, enterprises other than staff, which indicates that in practice, such as its subject is only companies, enterprises, staff, is not enough to cover the social life of the actual occurrence of commercial bribery subject range, such as in the field of health care, education, engineering and construction, property rights and other areas of business units in the acceptance of kickbacks, in essence, also a commercial bribery Behavior, the original criminal law is not clear on the provisions of which can not be punished for the harmful acts of its staff, affecting the effectiveness of the fight against such behavior. Therefore, only the three categories of state officials, company personnel, other units of staff can *** with the complete extension of the subject of the natural person constituting the crime of passive bribery. Therefore, the legislation will be the subject of commercial bribery to a certain extent to broaden the scope of the crime, so that its coverage tends to be comprehensive, complete, reflecting the progress of China's criminal law on the punishment of commercial bribery offences.
3, commercial bribery offense object. Commercial bribery is a complex object, it violates not only the normal operation of the order of the commodity economy, but also violates the market economy, companies, enterprises or other units of the staff of the office of the un-buyability and integrity. Market competition is a fair competition-oriented economy, through commercial bribery to achieve the purpose of obtaining benefits, will inevitably through the destruction of the fair competition of the transaction order, and further undermine the fair and just market order. Companies, enterprises or other units of the staff as a member of the enterprise, in accordance with the contract to exercise their powers at the same time, it is obliged to integrity, strict compliance with the law and discipline, and strive to work for the unit, and have the right to obtain reasonable and lawful labor remuneration. The authority shall not be abused, not to mention as some people secretly trading chips, seeking personal gain, corruption and perversion of the law. Obviously, bribery in turn violates the integrity of the company, enterprise or other units of the staff.
4, the objective aspects of commercial bribery offense. The objective aspect of the crime of commercial bribery is to give the company, enterprise or other units of staff to the property, but does not include kickbacks, fees. The objective aspect of the crime of commercial bribery. Expressed as the perpetrator has committed the act of taking advantage of the convenience of his position, soliciting other people's property or illegally accepting other people's property and in economic transactions, taking advantage of the convenience of his position, in violation of the state regulations, accepting kickbacks and handling fees of all kinds of names to his personal ownership.
5, the subjective aspects of commercial bribery offenses. The subjective aspect of the commercial bribery crime should be directly intentional, that is, the perpetrator actively pursued the results of the crime. At the same time, the perpetrator of this crime should have the purpose of soliciting or accepting bribes and seeking benefits for others. "Seek benefits for others" as a return to others, as to whether the benefits are realized, whether the benefits are justified, do not affect the establishment of this crime, that is, both others should get the benefits, including others should not get the undue benefits; both have been for others to seek benefits, including the intention to seek or are seeking, but have not yet sought to benefit. However, it is not yet a benefit that has been sought. However, if the perpetrator really does not have the intention, promise and fact of seeking benefits for others, it does not constitute the crime. Second, the types of principal punishment are as follows:
1, control;
2, detention;
3, fixed-term imprisonment;
4, life imprisonment;
5, death penalty.
Legal basis:
The Chinese People's **** and the Criminal Law of the State of Article 163 of the company, enterprise staff use the convenience of their positions, soliciting others for property or illegal acceptance of other people's property, for the benefit of other people, the amount of a large amount of money, shall be sentenced to less than five years of fixed-term imprisonment or detention; the amount of a large amount of money, shall be sentenced to five years The amount is huge, shall be sentenced to five years or more of fixed-term imprisonment, and may be subject to confiscation of property.