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,明确商业贿赂犯罪的构成要件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 form of corruption. It infringes on the order of fair competition of market economy, corrodes the system of honest government and seriously affects the healthy development of market economy in our country. However, the current commercial bribery legislation in our country is divided into several problems, such as the fragmentation of laws, the vague definition of concepts and the lack of judicial interpretation, which has caused great difficulties in the judicial practice for law enforcement agencies. Therefore, it is of great significance to clarify the constitutional requirements of commercial bribery crimes in our country to carry out the special anti-commercial bribery governance.