Legislation Research Of Anti-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. 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 regulations to unfair competitive behaviors, in the light of expenses in this field, has an important theoretical and practical sense to establishing a better competitive order and more healthy socialist market economy.The article comprises altogether three parts.The first part revolves around the illustration of basic theories on Commercial Bribery, including its concept and legal elements, introduce The Anti-Corruption Convention and the foreign legislations in such western countries as America, Germany, and Japan. This part also compare and analyses the difference of legislation among nations.The second 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, however, just as a form of crime about bribing public servants. This factor also undermines the criminal punishment against parties who commit commercial bribes.The last 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. Importance is attached to telling commercial bribe from discounting and annexation, particularly during the course of enforcement and jurisdiction.