Legal Regulation Of Commercial Bribery

As a typical unfair competitive behavior, commercial bribery refers to the acts that a proprietor sells or purchases commodity by means of suborning the agent or employees of the other proprietor. For the essence, it's the acts that a competitor obtains the opportunity and harms the lawful rights and interests of other operators and disrupts social economic order by giving bribes. Commercial bribery is an unfair competitive behavior that exists generally but is prohibited by the Competition Law of many countries. As in other countries, the number of these acts has sharply increased with more competition emerging in transaction, leading to disorder in market economy, misdeed in various industries and even corruption in society. To this end, intensifying research into commercial bribery, and contributing the system of legal regulation to unfair competitive behaviors, in the light of expenses in this field, have an important theoretical and practical sense to establishing a better competitive order and more healthy socialist market economy.The article comprises altogether 4 parts. The first part expatiate on the illustration of basic theories on commercial bribery, including its concept, essence, constructive elements, existing reason and harm. And then the author mainly analyses the difference & linkage between rebate, discount, commission, attached present and commercial bribery. Listing of the typically used measures in bribe are also given out in this part .The second part is mainly about the introduction of foreign legislations in such western countries as America, Germany and Japan, in order to gives come enlighten to establish our system of legal regulation to unfair competitive behaviors by contrasting. The third part analyses the condition and deficits in undergoing system of rules in China. As a special law on competitive acts, Anti-Unfair Competition Law of the People's Republic of China serves to prevent and eliminate bribes in commercial activities .But the deficits of this law, summarized by the author as vagueness in definition, over simplicity in contents and lack in operation ability, brings on difficulty in its enforcement. Commercial bribery is not yet stipulated as an independent crime in Criminal Law of the People's Republic of China, and the provisions of the range of criminal subjects and objects are too narrow. This factor also undermines the criminal punishment against parties who commit commercial bribes. The forth part gives proper advice on how to prevent commercial bribe in China. The author focuses on enriching the regulating measures in Anti-Unfair Competition Law of the People's Republic of China and Criminal Law of the People's Republic of China, in order to attack and regulate commercial bribery better.