论商业贿赂犯罪及其刑事法规制

On the Crimes of Commercial Bribery and the Criminal Norm

随着市场经济的繁荣和发展,商业贿赂的危害性越来越清晰地凸现出来,它严重破坏了正常的市场交易秩序和公平的市场竞争机制,并且成为滋生贪污腐败的温床。在当前运用民事、行政法律手段和措施不足以遏制商业贿赂的情形下,有必要对具有严重社会危害性的商业贿赂行为动用刑罚。反商业贿赂不应是"运动式"治理,应当对现有的有关商业贿赂犯罪的刑法规范做进一步的修改和完善。

With the development and prosperity of market economy, the commercial bribery has increasingly revealed its harmfulness, disrupting the regular market order and the impartial competitive mechanism, and providing hotbed for corruption. When civil law and administration law and measures can hardly control commercial bribery, it is necessary to take the criminal penalty against it. The author argues that fighting against commercial bribery is not achieved by a'campaign'; instead, the current criminal regulations on the commercial bribery should be amended and improved based on the criminal integration as the research method.