The Research Of Anti Commercial Bribery From The Perspective Of Unfair Competition Law

Commercial bribery is a term of competition law, usually refers to the operators inthe market competition for business opportunities using property and other means tobuy counterparty behavior. The market is limited， each competitor must obtain thetransaction opportunity through competition. The nature of the competition isto compete for trading opportunities, how many get chance to directly determine theamount of profit. The operator with the means of commercial bribery for thetransaction opportunity, not only undermined the normal order of marketcompetition, but also damage the interests of other competitors.With the development of economy, commercial bribery becomes more and moreserious in China. More and more researchers in jurisprudence field give full attention tothis social illness. By careful studying of the researches in recent years, author findsthat academic research on commercial bribery is still with a lot of serious problems,mainly as the research deeply shackled by paradigm of glossators, and the lack ofmulti-dimensional phenomenon of commercial bribery analysis. Meanwhile, the lack ofreference to the rules and legislation from both overseas countries and Hong Kong arearesults in that domestic-related research is not open enough from the field of vision. Inthis paper, the author studies the origin and evolution of the concept of the commercialbribery, and discusses the approach roads of China’s anti-commercial bribery systemwith the reference of foreign legislation, practice and theory.In addition to the introduction and conclusion section of this article, it is dividedinto four chapters:Chapter I examine fundamental questions of competition law perspective ofcommercial bribery, analysis of commercial bribery in the plurality characteristic of themain commercial bribery, commercial bribery against the multiplicity of object ofsingleness of purpose, commercial bribery, commercial bribery hidden, bonus, channeland analysis of commercial bribery, kickbacks, commissions and the difference betweenlinks.Chapter II from the perspective of competition law analysis of the causes ofcommercial bribery in our country, including of a legislative and law enforcementreasons, bribery and corruption, reasons, and causes of market economic system, whichsets out commercial bribery hazards, disrupted market trading in the basic principles ofvoluntariness, equality, fairness, honesty and credibility. Chapter III application of a research method of comparative law, analysis ofGermany and the United States, and Japan rule of law handling commercial briberysuccessful legislative experience, made reference to Germany discount legal regulations,United States regulation of overseas commercial bribery law, Japan to offer a legalregulation, of legislation to improve regulation of commercial bribery in our country hasbrought new revelations.The fourth chapter based on the contents of the previous three chapters, madeimproving regulation of commercial bribery in our country’s legal system, including theimprovement of existing legal norms, enacting a special law, improving lawenforcement capacities of the judiciary, establishes social supervision measures, in orderto improve the environment for fair competition in the market.