Study Of The Legal Regulation Of Commercial Bribery

Business bribery has a long history in the commodity economic market which is a economic phenomenon developed along with the developing of commodity economy. Business bribery belongs to illegal competitive behavior which is severely destroying the fair competitive order in the market. In our country, business bribery has become a very serious problem in economic life. Effective measures should be taken to regulate the business bribery behaviors. Beginning with the basic problems of business bribery behaviors, this article first analyzes the theory of business bribery behavior regulation. Then the article emphasizes on discussing the current situations of law regulation toward business bribery behavior and putting forward suggestions on perfecting the current problems in legislation by way of analyzing and comparing the business bribery behavior regulation in foreign countries.Business bribery behavior refers to the manager obtains the exchange opportunity or competitive advantage through paying properties or providing other benefits during the course of market trade. The features of business bribery behavior which differ from other common bribery activities are: seeking economic benefits and common subjects; which differ from other illegal competitive behaviors are: self-illegal, multi-illegal and concealed. The writer think the key points which can confirm the manager's behavior belonging to the business bribery behavior are to take the economic benefits as order by way of squeezing out competitors.Fare competitive requires the market subjects to realize its economic benefits through legal way under equal market conditions, while the business bribery activity basically tortures the essence of fare competitive and make the value law and competitive law out of work. Market economy is an efficient economy which realizes maximum benefits by minimum investment, while business bribery causes uneconomic cost and shifts part of its cost to the nation and public as it adds the social cost and exchange cost. Finally it violates the competitive moral law severely, as well as causes the descending of commercial credit and deteriorating of social morality. The writer considers that the fair competitive theory, cost efficient theory and competitive moral theory together constitute the law base which regulates the business bribery behavior.We probe the express form, component and sanction measures of the business bribery behavior because they are the preconditions and conditions when we research the law regulation of the business bribery behavior. The main express forms of the business bribery behavior are: kickback, attached present and passing expenses. The regulate principle toward kickback in the world is limit permit, i.e. to regulate and manage on the base of permission. Kickback has been the important regulate object in law. which is the main express form of the business bribery behavior in the initial stage of the market economy in our country. At present, the sanctions toward business bribery include: criminal, civil and administrative measures.Comparing and analyzing the law regulation toward business bribery behavior aboard is an efficient way to looking for and constructing our law regulation towardbusiness bribery behavior. After researching the legislative modes and features of the regulation toward business bribery behavior in the legislation in US, Britain, Germany, Austria etc, we conclude that no matter what the land law system or US-Britain law system take the business bribery as an illegal competitive behavior and forbid it by lawWe are backward in theory research and law regulation toward business bribery behavior in our country. The foothold and final arrangement of the article are to perfect the law regulation toward business bribery behavior. Through investigating the current situation of legislation in our country, the writer points out that there are some improper places in the legislation of business bribery, such as the law regulation toward introductive business bribery behavior is missing; the law regulation toward business bribery subject is incorrect; the condemnation to the business bribery purpose is uncompleted and the problem of package punishment etc. Further more, the writer considers there are still some imperfections during the practice of law regulations toward discount, kickback, attached present and civil obligation applying and so on through analyzing and comparing the related business bribery behaviors combined with the similar regulations in other countries. From our country's reality and directed at the current problems, the writer puts forward suggestions on perfecting our law regulations by drawing lessons from legislative experiences home and abroad, which include adding law regulations toward introductive business bribery behaviors, making expanding explanation to the business bribery subject, strictly regulating the financial measures, amount and conditions of kickback, considering the legislative purpose of our and the protected interests while applying civil obligations.