Commercial bribery has long existed. Whether it is a trade usage or a criminal offense has been controversial and the line of its categorization has always been blurry. However, efforts have been made to prevent it through legislation in many countries. There have not been rules about the punishment of this act in our country, but the operation of dualistic pattern has caused differences in legal effects and even loopholes in the regulations, which is an issue we need to address. Thus, this essay analyzes the current procedures, pinpoints the problems, and discusses the base for punishment of commercial bribery and its necessity of criminalization.