On The Commercial Bribery Problems Identified And The System Is Perfect

As the wells know, China is in a transition of marketing economy. In this transition period, the market is developing extremely fast. The Chinese economic elements and the principal of interests been diversified. The marketing competition becomes intensified. On the other hand, the social credit system does not build completed which means the social morality and business morality still appear weakness. The commercial bribery, an improper or illegal activity, has been an undefeatable pattern in many different industries. It extremely disrupted the market economic order, broke the fair competition and trading environment, and damaged the legal interests for either business operator or the consumer. The commercial bribery has become the malignant tumor in the Chinese marketing economic development. However, due to the lack of relevant economics legislation, the commercial bribery formed from differently and unorganized, it makes many disadvantages for economic law field of commercial bribery governance in the practice, in particularly the cognizance of commercial bribery.The first section is based on the practices of governance of commercial bribery, analyzed the"Anti-Unfair Competition Law"and the"Prohibiting commercial bribery provisions of the Interim"which announced by The State Administration for Industry and Commerce, present the concept of commercial bribery provision is unclear, the scope of provision is narrow, the relevant legal concepts is ill-defined and the objective requirement is not perfect. More importantly, the assumptive standard between economic law and criminal law are inharmonious. The certified method and standard of commercial bribery are different compared with the executive and the judiciary.The second section compare and analyze the disadvantages as above, firstly quoted the advantages regulations of commercial bribery from the international treaty and overseas law. On the contrary, suggested may further optimize the regulation of Anti-Unfair Competition Law which on the basis of contrast the Chinese criminal law and other economic laws. This section build a fundamental fact for sort out the disadvantages described in section one.The last section draw on the practices of international regulation and overseas law to expose essential attributes of commercial bribery. At the same time, it analyze the Chinese government's managed experience for the commercial bribery cognizance further defined the commercial bribery's definition, scope, objective aspect and related legal concept. Finally provide suggestions for qualified and certified standard for commercial bribery from different angles.