China’s Criminal Regulations On Commercial Bribery Of Multinational Corporations In China

Multinational commercial bribery is a social problem that accompanies the economic development process of various countries,especially during the period of rapid economic growth.This article compares and analyzes prohibited behaviors,apply to body,parent liability issues,companies compliance regulations and criminal liability between United States,England,Germany,Japan laws and China’s anti-commercial bribery laws.Combined with the current main methods of commercial bribery of multinational companies in China,it is suggested that China’s urgent task is to legislate and expand the existing definition of "commercial bribery" and improve the law of third-party bribery.While regulating and perfecting the responsibility of parent and subsidiary companies,they also pay more attention to source governance and internal governance of corporate compliance,and seek full cooperation in corporate crime prevention.The first chapter analyzes the concept,cause,and harm of commercial bribery by multinational corporations,and points out the deficiencies of China’s current regulation of commercial bribery in China,including the incomplete basic system of commercial bribery,the inability to effectively investigate the criminal liability of the parent company,and the establishment of a compliance system cannot effectively connect with criminal liability.The basic system of commercial bribery refers to the lack of a unified definition of commercial bribery.At the same time,the extension of commercial bribery is not clear.For example,there are certain limitations on the applicable subject and the means of bribery.The inability to effectively investigate the criminal liability of a multinational parent company means that under the current legal system,it is not possible to effectively combat the bribery of a parent company through a subsidiary or a third party,and due to conflict of jurisdictions resulting in the parent company being unable to be effectively held accountable.The establishment of an enterprise compliance system cannot be effectively connected with criminal responsibility,which means that the current legal system has insufficient regulations and preventive regulations for unit crimes,leading to the emphasis on punishment but not the enterprise compliance,and it is impossible to address both symptoms and causes.In response to the above problems,the author discusses various issues in chapters two,three,and four,and puts forward related suggestions in chapter five.The second chapter compares and analyzes the legal systems of bribery in the United States,England,Germany,and Japan.It mainly analyzes the applicable subjects of bribery,the methods of bribery,and the fight against bribery,and law enforcement agencies,etc.in light of laws such as the Foreign Corrupt Practices Act,the United Kingdom’s Anti-Bribery Law,the German and Japanese Criminal Laws,and the AntiUnfair Competition Law.The third chapter selects the relevant legislation and practice of the United States and England in cracking down on the criminal responsibility of the parent company.Based on the anti-bribery provisions and accounting provisions of the the Foreign Corrupt Practices Act,analyze how to investigate the criminal liability of the parent company under the bribery method of subsidiaries and third parties and the defense methods of the enterprise for the criminal liability of the parent company;The business organization stipulated in the Bribery Law starts to prevent the crime of bribery misconduct.It analyzes the criminal liability system of the parent company that bribes through subsidiaries and third parties,and analyzes how to defend the commercial bribery crime through compliance procedures.The fourth chapter selects the relevant legislation and practice of corporate compliance construction in the United States,England,Germany and Japan.Based on the US Federal Organization’s Sentencing Guidelines and the Company’s Compliance Mechanism,it analyzes the methods and requirements for building an effective corporate compliance system;analyzes and introduces six principles of compliance procedures stipulated in the A Guide to Anti-bribery Law.This paper analyzes the compliance system of German enterprises based on the compliance system of Siemens,the compliance system of Japan is analyzed from the perspective of Japanese laws and industrial practices.The fifth chapter gives opinions and suggestions on how to regulate the commercial bribery of transnational corporations from the criminal aspect.China should learn from some systems in foreign legislation and practice to improve the basic system of commercial bribery.Unify the basic concepts of commercial bribery from the legislative level and provide guidance for combating commercial bribery crimes.We should learn from foreign legislation and practice,clarify the legal system of the parent company regarding the investigation of transnational parent companies,and establish commercial organizations to prevent the crime of bribery misconduct.Clarify the criminal responsibility of multinational parent companies bribing through subsidiaries and third parties and coordinate conflict of jurisdictions;At the same time,in response to corporate compliance systems and criminal liability issues,China should,while improving the corresponding legal system,also encourage and require the construction of a compliance system,and whether the compliance system should be improved or not as a reference factor for criminal liability.