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商业贿赂是指商业活动主体在从事商品生产、流通和服务过程中,为了谋取商业利益而故意采取各种贿赂手段侵害正常的商业秩序的行为。因为这种现象不仅背离了市场经济公平竞争的原则,阻碍了市场机制的有效运行,还成为滋生腐败的温床。因此,商业贿赂是生长在经济社会肌体中的一颗毒瘤,如果不能得到有效治理和消除,将会造成经济秩序的严重混乱,导致腐败盛行,危及社会稳定。治理商业贿赂主要有行政手段和司法手段。在我国经济发展的现阶段,尽管商业贿赂无处不在,但真正浮出水面的只是冰山一角。①尽管原因是多方面的,但主要原因之一就是在运用司法惩治手段过程中面临着诸多亟待解决的问题,造成打击不力。
Commercial bribery refers to the commercial activities of the main body engaged in commodity production, circulation and service process, in order to seek commercial interests and deliberately resort to various bribery practices against the normal business order. Because this phenomenon not only departs from the principle of fair competition in the market economy, it impedes the effective operation of the market mechanism, it has also become a breeding ground for corruption. Therefore, commercial bribery is a malignant tumor growing in the economic body and body. If it can not be effectively managed and eliminated, it will cause serious disorder of economic order, lead to corruption prevailing and endanger social stability. There are mainly administrative measures and judicial means to control commercial bribery. At the present stage of our country’s economic development, although commercial bribery is ubiquitous, it is only the tip of the iceberg that surfaced. (1) Although the reasons are manifold, one of the main reasons is that there are many problems to be solved in the process of applying judicial punishments, resulting in weak attacks.