First of all, who can constitute the subject of commercial bribery stipulated in the Anti-Commercial Bribery Law? According to the provisions of the new Anti-Unfair Competition Law on commercial bribery itself, commercial bribery is the behavior of business operators bribing other units or individuals with property in order to sell or buy goods. Therefore, commercial bribery occurs in the business activities of operators, which refer to legal persons, other economic organizations and individuals engaged in commodity management or profit-making services. Therefore, the subject of commercial bribery stipulated in the Anti-Commercial Bribery Law can only be operators engaged in commodity business and profit-making services, but not state staff or units. In other words, if commercial bribery constitutes a crime, the crime can only be the crime of accepting bribes from companies and enterprises or bribing them.
Secondly, if it constitutes commercial bribery as stipulated in the Anti-Commercial Bribery Law, what kind of legal responsibility will the operator bear? According to the degree of harm, commercial bribery has two levels: illegal and criminal, and should bear civil, administrative and criminal responsibilities respectively. First, bear civil liability. According to the provisions of the new Anti-Unfair Competition Law, if an operator's illegal behavior causes damage to the infringed operator, he shall be liable for compensation, and compensation for losses is a kind of civil liability.
Second, bear administrative responsibility. According to the relevant laws and regulations, if an operator illegally sells or buys goods by bribery, the administrative department for industry and commerce will impose a fine of 1000 yuan but not more than 200,000 yuan on the operator according to the provisions of the new Anti-Unfair Competition Law, and the illegal income will be confiscated. The confiscation of illegal income and fines here are administrative responsibilities. Third, bear criminal responsibility. Those who should bear criminal responsibility shall be punished in accordance with China's criminal law. If commercial bribery itself constitutes the crime of bribery of company personnel, company personnel, unit bribery, unit bribery, unit bribery, unit bribery, unit bribery, introduction bribery, etc. The criminal responsibilities stipulated for different crimes shall be punished in accordance with the criminal law.
In a word, commercial bribery is prohibited by Chinese laws, especially after the promulgation and implementation of the new Anti-Unfair Competition Law, commercial bribery has become the key area to be cracked down by China's industrial and commercial administrative departments, and as can be seen from the above articles, any operator engaged in commercial bribery must bear legal responsibilities, from administrative responsibility to criminal responsibility. Therefore, it is hoped that business operators can clearly define the scope of commercial bribery stipulated in the Anti-Commercial Bribery Law, and can also clearly realize that once they constitute commercial bribery, they will bear huge legal responsibilities. With this awareness, business operators can take effective measures in advance to avoid commercial bribery and become the object of anti-commercial bribery law enforcement.