The Introduction And Reflection Of

Through the introduction of the provisions and legislative techniques of , the introduction of status on absorption and reference of this law by international conventions and other national legislations, the analysis of limitation of Anti-corrupt laws in China, this thesis is aimed at summarizing the merits and specialties of this law and giving some reference to Chinese anti-corruption legislations.This thesis consists of preface and four chapters.The first chapter introduces the legislative background, legislative purpose, contents, implementing agencies and implementation measures of FCPA. First of all, this chapter introduces the legislative background and legislative purpose of the law. This law is promulgated to prevent the domestic enterprises and listed companies of United States to conduct any bribery in foreign countries. Secondly, the chapter analyzes the content of FCPA, which consists of two main provisions: the anti-bribery provision and the accounting provision. Anti-bribery provision prevents any U.S. domestic companies, or issuers to pay, promise to pay or authorize to pay anything of value to any foreign officials. Not only the company itself, the company's senior officials and managing directors shall also be charged for criminal liabilities. The accounting provision requires the companies to maintain accounting records to keep financial transparency and integrity, and to develop a reasonable system of internal accounting controls to reduce any false trading and the emergence of illegal trade. Thirdly, the chapter introduces the implementing agencies and the measures. U.S. Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") cooperate together in implementing this Law based on the"paralegal jurisdiction". SEC is responsible for the investigating and bringing civil litigations on issuers and DOJ is responsible for investigating domestic enterprises and bringing civil and criminal proceedings on them, as well as investigating the issuers and bringing criminal proceedings against them.The second chapter describes the development of this law, which is from a unilateral law into a multilateral agreement, then into part of the international conventions. The development of FCPA is mainly embodied in the OECD's < Convention on Combating Bribery of Foreign Public Official in International Business Transactions > and the United Nation and a number of anti-corruption legislations in the major trading countries. The aforementioned two international conventions have absorbed almost all the anti-bribery provisions of FCPA. In addition, the chapter also describes mechanisms and characteristics of anti-corruption legislation of the European Union, the African Union, APEC and other international organizations. The era of global governance of transnational corruption has come.The third chapter analyzes the current status of anti-corruption in China, including the legislative system and organizational structures, as well as summarizes the limitation of China's anti-corruption legislation. Although there are lots of anti-corruption regulations in China, but there are still gaps in the laws and the legislative technique is simple and the content is not synchronized with the provisions in International Convention, thus it is difficult to effectively cover the practices of bribery.The fourth chapter discusses the influence of FCPA on China and some inspirations abstracted from this law. The law has affected a number of multinational subsidiaries in China. Therefore, by studying the law, it can be used as a reference by business subjects on one hand. On the other hand, we can also absorb and learn characteristics of FCPA to improve our anti-corruption legislations. For example, expand the definition of"bribery"in legal term, establish the internal governance mechanisms and strengthen international cooperation.