1, the subject of commercial bribery is the implementation of the transaction behavior of the two operators;
2, commercial bribery infringement of the object is the socialist market order of competition;
3, the subjective aspect of commercial bribery by the intentional;
4, the objective aspect of the bribery of bribe-takers to ask for a bribe or unlawful acceptance of other people's property And the bribe giver to the bribe giver in order to obtain business interests and give property and other behavior.
Legal Basis
Article 163 of the Criminal Law of the People's Republic of China
A staff member of a company, enterprise or other organization who uses the convenience of his position to solicit or illegally accept the property of another person for the purpose of seeking benefits for another person shall be sentenced to fixed-term imprisonment of not more than five years or detention. detention; where the amount is enormous, the penalty shall be fixed-term imprisonment of five years or more, and may also be punished by confiscation of property. A staff member of a company, enterprise or other unit who, in the course of economic dealings, takes advantage of the convenience of his position and, in violation of state regulations, accepts kickbacks or handling fees of various kinds in various guises for his own personal benefit shall be punished in accordance with the provisions of the preceding paragraph. Personnel engaged in official duties in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in official duties in non-state-owned companies, enterprises as well as other units who engage in the behavior of the preceding two paragraphs shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.