Legal analysis
Commercial bribery and commercial bribery crime concept is defined as commercial bribery refers to the operator to exclude competitors for the purpose of obtaining the opportunity to trade, secretly given to the counterparty to the transaction of the relevant personnel and the relevant personnel to influence the transaction of the property or other benefits of the act of unfair competition; commercial bribery crimes involving The crime of passive bribery of non-state staff, active bribery of non-state staff, passive bribery and other crimes. Generally a large number of purchases, purchases to a certain size, the supplier will give the dealer rebates, this is legal. But if it is to the procurement of personal rebates, is illegal, is disguised as a bribe. The crime of commercial bribery refers to the company, enterprise or unit of the staff using the convenience of their positions, soliciting others for property or illegal acceptance of others for the benefit of others, the amount of behavior. The main body of the crime of commercial bribery is the company, enterprise or other units of staff.
Legal Basis
Article 163 of the Criminal Law of the People's Republic of China Article 163 A staff member of a company, enterprise or other unit who, by taking advantage of the convenience of his position, solicits other people's property or unlawfully accepts other people's property to seek benefits for other people in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, or criminal detention, and shall be punished by a fine. If the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; if the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years but not more than life imprisonment and fined. 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.