Is it a commercial bribe for hotel buyers to take kickbacks?

Commercial bribery refers to the unfair competition behavior that the operator secretly gives property or other benefits to the relevant personnel of the counterparty and other relevant personnel who can affect the transaction for the purpose of crowding out competitors, but it is different from other forms of bribery. In view of commercial bribery, Article 8 of the Anti-Unfair Competition Law stipulates that business operators shall not pay bribes by property or other means to sell or buy goods. Whoever secretly gives kickbacks to the other unit or individual outside the account shall be punished as bribery; Other units or individuals who secretly accept kickbacks outside the account shall be punished as accepting bribes. When selling or buying goods, business operators can give discounts to each other in an express way and can give commissions to middlemen. If the operator gives the other party a discount or a commission to the middleman, it must be truthfully accounted for. The rebate refers to the price that the seller returns to the buyer according to a certain proportion from the goods paid by the buyer. According to whether it takes the form of off-account secret, rebate can be simply divided into two types, namely "express rebate in the account" and off-account secret rebate.

Legal objectivity:

Article 164 of the Criminal Law: Whoever gives money or property to the staff of a company, enterprise or other unit in order to seek illegitimate interests, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. Whoever gives money or property to foreign public officials or officials of public international organizations in order to seek illegitimate commercial interests shall be punished in accordance with the provisions of the preceding paragraph. If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph. If a briber voluntarily confesses to taking bribes before being prosecuted, the punishment may be mitigated or exempted.