Discussing On Defects And Perfection Of Legislation Of Anti-Commercial Bribery In China

December 20th 2005, CPC Central Committee General Secretary Jintao Hu presided over the meeting of the Political Bureau of CPC Central Committee, which is to research and deploy in 2006 building of a clean government and the anti-corruption work , This is the first time to made it a point to concentrate on commercial bribery special action. March 5th 2006, Premier Jiabao Wen said at the Fourth Session of the Tenth National People's Congress on the government work report: "we should concentrate on punishing of commercial bribery special work this year, Especially in construction projects, such as land transfers, property transactions, purchase and sale of medicine and government procurement, and other areas of commercial bribery, correct improper trading practices firmly, investigating cases of commercial bribery ." From then on, Commercial bribery became not only a hot media attention, but also became the focus of concern to the academic community.This paper points out that, Commercial bribery is a kind of unfair competition and a major form of corruption, which damages the fair competition order of market economy, erodes the system of an honest and clean government and affects the healthy development of market economy in China. However, the current anti- commercial bribery legislation has certain problems, such as loose legal provisions, fuzzy concept and lack of judicial interpretation, etc. which leads to great difficulties for the law enforcement departments in judicial practice. Therefore, it is of great significance to fill in the major shortcomings of anti-commercial bribery legal system and develop an ((Anti-Commercial Bribery Law)) .The paper is organized as four parts, the following is the general introduction of each parts.Part one: Basic inspection of Commercial bribery. This part briefly accounted for the concept, character, forms, harm and causes of the commercial bribery.Part two: Introduction of foreign country's anti-briber legislation. This part accounts for experiences of several countries which are successfully in punishing commercial bribery, I chose the United States, Germany, Japan, South Korea and Singapore, and accounted for the five nation's legislation and practice in details. Part three: The status and shortcomings of China's anti-commercial bribery legislation. This part focused on China's anti-bribery legislation and the status of deletion analysis, introduced the Anti-Bribery basic to the legal system, including the relevant laws and regulations and rules, and found out the gaps and weaknesses.Part four: Thinking of the Perfecting the anti-bribery legislation. It is the most important part in the paper. China should establish a reasonable mechanism and improving relevant legislation to perfect the legislation from the view of mine. Meanwhile, on one hand, we should establish following points: 1. Anti-trust mechanism. 2.clarifying property rights mechanism.3.0pen bidding system ; 4.Industrial self-regulatory mechanism 5.Undivided interests mechanism. 6.Financial supervision mechanism and other mechanisms to regulate the commercial bribery .On the other hand, We should improve the anti-commercial bribery legal system, including following points: Strengthen the authority and prospective of the anti-bribery legal system; Formulate a unified《Anti-Commercial Bribery Law》; Perfect the relevant domestic legal system; Perfect commercial bribery legal liability system; Find out clear relationship between the organs of anti-commercial bribery organs ; Improve the corporate accounts of management responsibilities and provides Reward system; Strengthen anti-bribery overseas business legislation.