On The Regulation Of Commercial Bribe Of The Law "Against Unfair Competition"

Commercial Bribe is a kind of inverse economic phenomenon. In recent years, Commercial Bribe,which was a secret illegal action in few industries,has been overrunning more and more industries such as Medicine, Tourism,Insurance, etc. and seriously doing harm to the healthy development of social economy.Starting from the concept of Commercial Bribe, this thesis introduces the related concepts of Commercial Bribe in China and in foreign countries and compares the difference of several domestic typical viewpoints. In addition, it points out the writer's definition of Commercial Bribe. To clarify the connotation of Commercial Bribe, this thesis compares the difference and connection among Commercial Bribe, brokerage, discount,commission,attached gift,etc.Commercial Bribe, a worldwide phenomenon, exists in all countries more or less. There are cases of governing Commercial Bribe in foreign countries. This thesis introduces and analysis American , German , Japanese and some international organizations'related systems.As one of the unfair competitions, the prohibition of Commercial Bribe in China is subjected to"Law of the People's Republic of China Against Unfair Competition"and"Temporary Regulations on the Prohibition of Commercial Bribe"from State Administration of Commerce & Industry. This thesis introduces the prevailing circumstances of Chinese legislation, points out the disfiguration based on practice and provides suggestions of improvement by taking foreign experience of legislation and China's specific conditions for reference.