Research On The Prescription For Commercial Bribery

With the development of market economy, commercial bribery has become one of the main problems that disturb the market order. The hazards of commercial bribery are not only constrained to destroying the competitive environment but also produce serious corruption. Since 2006, China set off the corruption-punishing activity, whose complexity and problems on legislation, law enforcement and justice make the blow of commercial bribery still a heavy responsibility. The research on this subject is also of realistic significance.On the basis of holding dialectical and comparative analysis materialism, this thesis has a systematic construction of commercial bribery's controlling mode, including completing the legislation in force, conformation of administrative resources and smoothing the justice order. The aim is to blow commercial bribery apparently and substantially.The start point of the thesis is the explanation of perniciousness that commercial bribery brings to market economy development, combined with the analysis of expressing form of commercial bribery both traditional and new. The focus is the negative affects to China's investment environment that cross-country commercial bribery brings in the background of further opening-up of China, and analyze this phenomenon in jurisprudence.The control of commercial bribery needs a back-up of a comparatively self-contained law system. But the relative law in force has some leaks in the body of commercial bribery, expressing form, responsibilities and etc. This thesis discusses the important issues amongst, and also takes a new and refreshing approach to dissect the Note Six and Note Eight of Criminal Law Amendment (Six), and survey the scope of"other units"and the character of"state-owned companies, enterprises or other official personnel in non state-owned companies, enterprises and other units sent by other state-owned units"on the breakthrough point of defining the body of commercial bribery. Apart from that, the author also introduces the advanced legislation experiences suitable for China from overseas, such as the Crime of betray the Trust from Japan, Special Public Interest Litigation and Jointly and Severally Liable System of Parent from America. Next in order, an idea of legislation system construction—"quaternity"is proposed: legislating unified Anti- Commercial Bribery Law, amending properly the Criminal Law in force, completing corresponding professional law system and working out local code and regulation.To control commercial bribery not only requires completing legislation, but also the cooperation of administration and justice system. Some ideas about power allocation of state corruption precaution bureau set up last July are proposed. The thesis holds that the independent investigator system suitable for our country is in need, which provides some enlightenment for out state administration and justice practices.