It is the act of bribery. The crime of passive bribery in the objective aspect in addition to solicitation and acceptance of bribes, the two basic forms of behavior, but also includes the acceptance of kickbacks, fees. The act of bribery will be criminally liable according to law. The crime of passive bribery refers to the act of a state official taking advantage of the convenience of his or her position to solicit other people's property, or illegally accepting other people's property, in order to seek benefits for other people. The crime of passive bribery violates the integrity of state officials' official behavior and the ownership of public and private property. Commercial bribery refers to the behavior of suppliers using financial or other means to bribe the Company's staff for the purpose of selling materials, as well as the behavior of the Company's staff purchasing materials from suppliers in order to receive or solicit bribes. The crime of bribery refers to the act of introducing bribes to state officials under aggravating circumstances. The criminal object of the bribery crime is "bribery", and the current criminal law limits the content of the bribery crime to property only, and the crime of introducing a bribe is intentional in the subjective aspect, i.e., knowing that it is for the bribe-taker or bribe-giver to pull strings to facilitate the bribery transaction. In the objective aspect of the perpetrator in the bribe giver and the bribe giver between the contact, communication relations, introduction, matchmaking, to promote active and passive bribery to realize the behavior. To constitute the crime of procuring bribes, there must also be conditions of aggravating circumstances. The provisions of the Criminal Law on the introduction of the crime of bribery provide that: Article 392 Introducing bribes to state officials, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
The criminal law provisions on bribery are as follows:
[Passive Bribery] If a state official takes advantage of the convenience of his position to ask for other people's property or unlawfully accepts other people's property in order to seek benefits for other people, it is the crime of passive bribery.
State officials who, in the course of economic transactions, violate state regulations by accepting kickbacks and fees of various kinds in various guises for their own personal benefit shall be punished as passive bribery.
Anyone who commits the offense of passive bribery shall be punished in accordance with the provisions of Article 383 of the Criminal Law, depending on the amount of the bribe proceeds and the circumstances. Soliciting a bribe shall be punished more severely. (Article 383 of the Criminal Law for the crime of embezzlement, according to the seriousness of the circumstances, were punished in accordance with the following provisions:
(a) personal embezzlement amounting to more than 100,000 yuan, shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and may be sentenced to confiscation of property; the circumstances of a particularly serious case, the death penalty, and shall be sentenced to confiscation of property.
(2) If the amount of individual embezzlement is more than 50,000 yuan but less than 100,000 yuan, he shall be sentenced to not less than five years' fixed-term imprisonment or life imprisonment with confiscation of property; if the circumstances are particularly serious, he shall be sentenced to life imprisonment with confiscation of property.
(3) Individual embezzlement amounting to more than five thousand yuan but less than fifty thousand yuan shall be sentenced to fixed-term imprisonment of not less than one year and not more than seven years; if the circumstances are serious, the sentence shall be fixed-term imprisonment of not less than seven years and not more than ten years. Individual embezzlement amounting to more than five thousand yuan less than ten thousand yuan, after the crime has repentance, active return of stolen goods, may be reduced or exempted from criminal punishment, by their units or higher competent authorities to give administrative sanctions. Where an individual embezzles an amount of less than 5,000 yuan under aggravating circumstances, he or she shall be sentenced to fixed-term imprisonment of not more than two years or to detention; where the circumstances are less serious, the unit in which he or she is employed or the competent higher-level authority shall impose administrative penalties as appropriate. (Those who have repeatedly embezzled without being dealt with shall be punished in accordance with the cumulative amount of embezzlement.)
Legal basis:
Enterprise Procurement Corruption Handling Measures
Article 10 Supplier Bribery Handling. If the supplier sells materials by bribe in violation of these measures, the company shall stop its procurement and conduct relevant investigation. In serious cases, they shall not be allowed to participate in the Company's bidding activities or become the Company's suppliers within 3 years. Constitutes a crime, the Company has the right to report to the judicial authorities, according to law to investigate their criminal responsibility.