The expert of the Supreme People's Procuratorate: Help to bribe widely and tightly too to punish the commerce

The expert of the Supreme People's Procuratorate: Help to bribe widely and tightly too to punish the commerce
The expert of the Supreme People's Procuratorate: Help to bribe widely and tightly too to punish the commerce
First view bribe in the crime case in commerce of investigating, must carry out the wide tight criminal policy that helps well, have degree severely, have section while being wide, turn negative factor into positive factor to the maximum extent, make it bribe special struggle, make better legal result, political result and social effect recently not to control commerce, for the commercial bribery that should grow in intensity in recent years correctly, the Supreme People's Court, the Supreme People's Procuratorate jointly release " suitable to apply the criminal case of handling the commerce and bribing with the opinion of several questions of law " (abbreviated as " opinion ") ,For handle commerce, bribe new situation, new problem that criminal case face, define law suitable to apply the basis further at present. Among them is quite concerned by people, it is " suggestion " fixed medical worker, teacher that take medical products, marketer's property of relevant article of teaching illegally with various names, number is greater, with the punishment of determining a crime of the non- national staff member's bribery crime. " opinion " still stipulates, the property in the commerce bribes, has already included money and material object, also include calculating the property interests of number, the membership card substantially as offering for house decoration, containing the amount of money, money-equal card (certificate) with the money The intersection of travel and expense,etc.. Concrete number is subject to expenses of actual delivery. The commercial bribery corrodes the economic human body, upset the social justice order, ruins the social conduct, it is serious to endanger, should attack in accordance with the law. From 2005, the special struggle that the central authorities disposed the administration commerce launched and bribed, very popular. Use the criminal law means to attack the commercial crime of bribery, an important link of bribing the special struggle that manage the commerce. Because particularity and complexity of the crime case that the commerce bribes, handle the commerce in the judicial authority and bribe in the course of criminal case, a lot of laws appear and is applicable to the knotty problem, all parts realize, deal with and differ, have influenced and attacked the result and seriousness of enforcing the law. So, the announcement " about the opinions of several questions of applicable law of criminal case of handling commerce and bribing ", have met the urgent need that the administration of justice is practised, has defined the behavioral question of determining the nature etc. that the range of the commercial crime of bribery, several kinds of special field commerce bribe, have offered the unified law enforcement standard for the fact that the judicial authority asserted and punished the commercial crime of bribery, help, punish commerce, bribe criminal activity in accordance with the law, for maintaining the fair play order of the market, advance the improvement of cultivation of party conduct and construction of a clean government and social conduct, promote social justice justice to have important meanings. Punish the commercial crime of bribery, the standard that need to enforce the law clearly, also need to carry out the wide tight criminal policy that helps well at the same time. It is the important criminal judicial policy of our party and country to help widely and tightly, the judicial authority carries out the important indicator of the state law correctly. Help widely and tightly, it is according to social situation and the criminal's different situations, treat with a certain discrimination, pay attention to the wide and tight one organically to unify, should be tight and tight, act as widely and widely, have degree widely and tightly and complementarily, widely severely, attack to committing crime seriously strictly, give lenient treatment to the slight crime in accordance with the law. Bribe in the special struggle carrying out the wide tight criminal policy that helps well in commerce of controlling, need reflecting in several following respects: First, stress that attacks the focal point. The judicial authority should firmly investigate and prosecute and act in collusion with business people, make the power-money deal and and endanger the commercial crimes of bribery of masses' interests seriously, points to attacking the talent the commercial bribery case of key field, key industry, key personnel. Case that the so-called key field, commerce of key industry bribe, mean, take place in engineering construction, the intersection of land and sell, transactions of property right, buying and selling of medicine, government procurement, development of resources and the intersection of person who sell and commercial bribery case of field, and the commercial bribery case happening in trades such as bank credit, securities futures, business insurance, publishing issue, sports, telecommunication, electricity, quality testing, environmental protection,etc.. The case that what is called key personnel's commerce bribes, mean that takes advantage of one's position and power to participate in the business activities, try to gain illegal interests, the crime case that the national staff member's commerce extorting or accepting bribes bribes. Want, put forth effort, investigate, influence surface wide involved in the case amount of money enormous of a serious nature and property abominable reflecting strongly by person especially, especially the commercial bribery major and serious criminal case of committing a crime against the wind. Second, insist on treating with a certain discrimination. In punishing the commercial crime of bribery and working, as to there are universality, numerous cases of personnel concerning the case in the trade, fielding, insist on " Punish a few, educational great majority " ,Prevent, attack surface, pass wide to lead to the fact the bad politics influencing and social effect. The behavior as to have commerce to bribing, take the initiative and does not explain clear problem, number to the unit, trade executive, supervision department very much, endanger the minor one, criticized and educated by the unit, the criminal liability of generally letting the matter pass. As to form the crime, give up ill-gotten gains or inform against, expose others' criminal offence activelying, there is giving oneself up, plot of rendering meritorious service, on the lenient side in accordance with the law, lighten or remit. Need to especially emphasize, the question of commercial crime of bribery to the ordinary doctor, carry out the wide tight criminal policy that helps well even more. Buying and selling of medicine field become commerce bribe severely afflicated area that overflow once, closely related with because of the people's daily life, and the special properties of the medical trade cause common people's concern, become and manage the focal point that the commerce bribes. As to the commercial bribery that takes place in the buying and selling of medicine field, should investigate and prosecute medicine and produce and manage enterprises and promote even fake and forged medicines with poor quality but high price and commercial bribery crime case of the medical equipment to the medical organization through bribing especially, and the crime of accepting bribes of responsible person of medical organization, administrative staff. As to the intersection of general doctor and behavior of turning on, deducting a percentage only, number quite and plot general, focus on educating, or offer the party administrative disciplinary measure, seldom investigate criminal liability; Take commission number relatively largely as to a few, know fake and poor medicines perfectly well but require the hospital to purchase or not cause abominable plots such as the serious consequence,etc. to patient to the ill in order to retract and deduct the administration for retracting and deducting, can investigate criminal liability in accordance with the law. Bribe in the crime case in commerce of investigating, must carry out the wide tight criminal policy that helps well, have degree severely, have section while being wide, turn negative factor into positive factor to the maximum extent, make it bribe special struggle, make better legal result, political result and social effect not to control commerce. (Author's unit: Legal policy research room of the Supreme People's Procuratorate)


|