Research On Britain 's Anti - Bribery Law In 2010 And Its Reference To China' S Regulation Of Commercial Bribery

The bribery behaviors break our lives. The aggrieved person who directly suffers from the bribery crime includes the companies who lose fair chances. The generalized aggrieved person in bribery crime cases is the governments and societies which are damaged by the weakening rule of law and the broken social and economic development. When someone offers bribes and accepts bribes each time, the free and fair principles of competition is devalued gradually, and fallen into the danger.British Bribery Act 2010 was implemented in July,2007, which aims at fight bribery crimes effectively. Among the British laws, the punishment regulations of bribery crimes have existed since ancient times. However, those regulations disconnected from reality severely, but also had conflicts mutually. So that, for that reason, British judicial institutions are criticized by international community, especially the organizations who implement supervision on The Convention about Struggling against the Behavior of Offering Bribes to Foreign Public officials in the International Business Activities from the organization for economic cooperation and development (OECD). For performing the obligations undertaken in relevant international documents of United Nations Convention against Corruption (UNCAC), and improving the effectiveness of fighting the bribery crimes, British enforcing authorities and legislative institutions passed the Bribery Act 2010, which obtained royal permission. Before Bribery Act 2010 abolished the relevant bribery crimes regulated by common law and written law, the fourth new criminal behaviors about offering and accepting bribes are regulated, while the corporate criminal liability is received new judgment principles for liability. Here, it shall point out that that law gives wide regulations to judicial jurisdiction, so that it is known as the most severe the legislation of bribery crimes so far, which draws foreign legislative and practical circles’great attentions.As the society transforms deeply and the global economic integration is developing, China has to face the worsening bribery crimes which endanger society. The legislative bodies and enforcement agencies hope to for tighter the precautions and sanctions through trying to expand the range of punishment, add the international convention, develop the special administrating actions. By Comparing with the relevant regulations of British Bribery Act 2010, the existing Chinese laws have great room for improving bribery crimes law, including concept definition, behavioral object, constitutive essentials of crime of accepting bribes, regulation organizations and the identification of criminal responsibility.This article aims at introducing the main content of Bribery Act 2010, analyzing its main features, and pointing out the instructive lessons from that.