Commercial Bribe In The Market Competition And Its Regulating

Commercial Bribe, which is concomitant with merchandise economy, is especially obvious in the market economy stage. It is the phenomenon that can hardly be avoided in business activity. As a global phenomenon, Commercial Bribe is regarded as a unfair competition action and thus prohibited by Competitive Acts in many countries. In our country, along with the increasing acutely competition, Commercial Bribe becomes more and more serious and turns into a severe unfair competition action from national construction project to commodity trade between common people in economic activities. It disorders the normal system of market economy, misdeeds in various industries and even corrupts the society. Therefore, intensifying research on Commercial Bribe and consummating our anti-Commercial Bribe legislation using the experience of foreign countries for reference is not only necessary for establishing essential competition order ,but also provided with important theory and practice meaning for the healthy development of our market economy.The article comprises altogether 5 parts. The first part expounds the concept and constituting elements on Commercial Bribe, and analyses the main difference and linkage between commercial bribe and other relevant acts. The second part analyses the social harm of Commercial Bribe based on law and economy. The Third part introduces mainly foreign legislations in the western countries such as United States and Germany. Based on the actual social phenomenon and law enforcement tradition, these countries have worked out their own respective regulations against commercial bribe that also shed light on our future legislation in this regard. The Fourth part analyses the condition and deficiency in the existing law system regarding Commercial Bribe in China. This part points out not only the drawbacks of Anti-unfair Competition Law and Criminal Law of the People's Republic of China, but also the problems of the existing execution system against commercial bribe in practice. The last part focuses on the measures of enhancing the administrative, civil and criminal punishment against parties who commit commercial bribe, by improving the legislation and execution in our county. This part also proposes that it is necessary to establish an independent organization to supervise the Commercial Bribe.