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商业贿赂是一种不正当竞争行为,同时也是腐败的一种重要表现形式,它侵害了市场经济的公平竞争秩序,腐蚀了我国的廉政制度,严重影响了我国市场经济的健康发展。然而,我国现行的反商业贿赂立法存在法条分散、概念界定模糊、司法解释缺失等问题,从而给执法部门在司法实践中造成了很大的困难。因此,明确商业贿赂的范围、构成要件和法律责任对于我国现阶段开展反商业贿赂专项治理具有十分重要的意义。
Commercial bribery is not only a kind of unfair competition but also an important manifestation of corruption. It infringes on the order of fair competition in the market economy, corrodes the system of honest government and seriously affects the healthy development of the market economy in our country. However, the current anti-commercial bribery legislation in our country has such problems as the decentralization of laws, the vague definition of concepts and the lack of judicial interpretation, which has caused great difficulties to the law enforcement departments in judicial practice. Therefore, it is of great significance to clarify the scope, components and legal responsibilities of commercial bribery to carry out the special anti-commercial bribery governance in our country at this stage.