Study Of Anti-commercial Bribery Laws

Commercial bribery is a form of briber y. Bribery primarily in the political field first , with the socio-economic development in the field of political concepts, practices gradually counterproductive impact in the economic sphere, therefore, in the course of commercial transactions in a commercial bribery.The State Administration for Industry and Commerce promulgated the "Interim Provisions on the Prohibition of Commercial Bribery" commercial bribery will be summarized as follows : Operators for the sale or purchase of goods and use of property, bribery, or other means other units or individuals, as defined in such a narrow view of the broad commercial bribery. The current campaign against commercial bribery actions to be taken to a broad general commercial bribery: First, the main increase is not only the operator but also national staff and other non-status people; Second, the expansion of links is not only the purchasing and selling, but also with all aspects of business activity.This paper first commercial bribery and two commercial bribery against acts of commercial bribery. Other commercial bribery acts as a fair and legitimate means of the operator's competitive interests to the detriment of the interests of the vast number of consumers ; The commercial bribe has en couraged in the market competition unhealthy tendency, destroyed the fair competition market order violates the national stipulation operator's finance, accountant control system Then on the current situation of China's commercial bribery. China's reform and opening up, due to a planned economic system, in a very long period there is no commercial bribery, as reform and opening up and the gradual deepening of market economic system the founding and development of commercial bribery gradually rampant against the status quo, the paper analyzes the performance of commercial bribery in the openness and universality, diversity, harmful and illegal sexual characteristics, Any of the more common commercial bribery in the field of analysis and the development of commercial bribery many reasons for the January 1 introduction. So, in the economic and social growth of commercial bribery of a tumor in the body, the law must make great efforts to carry out rectification.Only the definition of commercial bribery commercial bribery was not yet complete show all the content must be clearly constitute elements or to reveal its legal character can truly understand it, grasp it, in order to draw commercial and non-commercial bribery laws, but limits the practice to be correct use. Therefore this paper, the main commercial bribery, subjective and objective aspects of the object and analysis of the commercial transactions, commercial bribery and kickbacks in the complicated relations, commissions, discounts and attach other means of operating identified, Meanwhile, in view of the industrial and commercial administration departments dealt with the practice of commercial bribery in the analysis of the "three-pronged"(not identified, enforcement difficulties and handling), the industrial and commercial administrative staff by improving their working methods to improve quality and investigate ways of commercial bribery.Finally, we introduced the first foreign commercial bribery against the law, summed up in two features: One is has not made the general concept limits to the commercial bribe behavior; Two is the unit insufficiently becomes the commercial bribe the main body, two is the unit insufficiently becomes the commercial bribe the main body, its reason lies in the western nation implementation is the private ownership. This paper introduces the turn of the anti-bribery law, in the final analysis focused on how to build a system in commercial bribery law. First, urging the operators to build and improve their own code of conduct and regulations, internal banned from commercial bribery activities. Is the operator shall, in accordance with national legal requirements, a clear-cut: All businesses not engaged in commercial bribery, accelerate the creation and management to improve the integrity of the legal system that suits the actual conditions of China, to further improve the operation of the provisions of a code of conduct and regulations to enhance transparency and create a mechanism for supervision and information disclosure. Second, we will improve the existing laws and regulations on the legal responsibility of commercial bribery, and severely punish the external commercial bribery and pursue the administrative responsibility of the operator, criminal and civil. In the case of commercial bribery and spread our mistakes on the practical issues relevant legislation, specifically the "Anti-Bribery Law," to arouse the attention of commercial bribery, efforts to reduce such acts of unfair competition adversely affected the healthy development of China's comprehensive social and economic, to jointly build a harmonious socialist market competition order.