What's the difference between commercial bribery and kickback?

1. Not all kickbacks constitute commercial bribery. Only secret kickbacks outside the account constitute commercial bribery, which is an illegal and criminal act of unfair competition.

2. Rebate is only a form of commercial bribery. Commercial bribery also includes other types of bribery, such as giving property or other benefits directly to buy or sell goods; Such as money, property, etc. By the buyer to the seller, for the purchase of goods in short supply.

legal ground

"Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Commercial Bribery" Article 1 The crime of commercial bribery involves the following eight crimes stipulated in the Criminal Law:

(1) Non-state staff accepting bribes (Article 163 of the Criminal Law);

(2) the crime of offering bribes to non-state employees (Article 164th of the Criminal Law);

(3) the crime of accepting bribes (Article 385 of the Criminal Law);

(4) the crime of accepting bribes by units (Article 387 of the Criminal Law);

(5) the crime of accepting bribes (Article 389th of the Criminal Law);

(6) the crime of offering bribes to the unit (article 39 1 of the Criminal Law);

(7) Introducing the crime of bribery (Article 392nd of the Criminal Law);

(8) unit bribery (article 393rd of the Criminal Law).