On The Legal Regulation Of Transnational Commercial Bribery

Along with much closer economic ties between countries, multinational corporations play significant roles in international commercial activities. At the same time, acts of bribery to foreign officials and officials of international organizations become more severe than ever, seriously damaged economic globalization.This thesis consists of five parts. Based on the concept of "putting prevention first and combining prevention with control", I analysize the laws and experience of foreign countries.The first chapter defines transnational commercial bribery and introduces its character and constitute elements. In view of the adverse consequences, it’s necessary to regulate transnational commercial bribery by legal means.Chapter two focuses on the precautions. Internal accounting system and compliance management are beneficial for parts offering bribery. Fourthermore, Disclosure of government information, preservation of conflicting interests and properties declaration system regulate parts accepting bribery.Chapter three is about the punishment systems. Bribe-givers are severely punished by FCPA of USA and Bribery Act2010of UK. Moreover, Federal Bribery Act of USA and Prevention of Corruption Act of Singapore crack down on bribe-obtainers.Chapter four introduces the international collaboration mechanism such as motivating precautions between nations, judicial cooperation and extradition based on the Inter-American Convention Against Corruption, Criminal Law Convention on Corruption, Civil Law Convention on Corruption, OECD Convention and UNCAC.The last chapter conceives the means of resolving commercial bribery in China. On the one hand, the current situation of regulation of Bribe-givers are introduced, and the advice are rendered. On the other hand, it analyzes the defects of current legislation of bribe-obtainers and promotes the suggestions.