Research On The International Cooperation Of Combating Transnational Commercial Bribery

The problem of commercial bribery of transnational corporations is an international problem concerning all countries and global economy,which not only destroys the normal order of international economic and trade,but also seriously infringes the integrity system of one country and others.It is necessary to strengthen the fight against transnational commercial bribery by means of international legislation,treaty and International Cooperation,because it is difficult to achieve the desired effect of combating transnational commercial bribery only by relying on the domestic legislation of one country.At the level of international law,international cooperation in combating transnational commercial bribery has been specifically stipulated in international treaties such as the United Nations Convention Against Corruption and the Organization for Economic Cooperation and Development Convention However,some of its provisions and mandatory effect can no longer meet the need of international cooperation to Combat Transnational Commercial Bribery.At the domestic level,the United States and the United Kingdom have continuously improved their anti-bribery laws China has played an active leading and influential role in the current international cooperation in anti-bribery law enforcement,but due to the conflict of jurisdiction and the different law enforcement efforts of different countries,etc.International Cooperation has not yet reached a balanced and healthy mechanism.This paper analyzes the defects and deficiencies of international cooperation from the existing mechanisms and enforcement cases of international law and domestic law in combating commercial bribery of transnational corporations,in order to put forward some feasible ideas.At the same time,this paper puts forward some suggestions for our country to take an active part in the international cooperation to combat the commercial bribery of transnational corporations.In this thesis,the author expounds the "transnational corporate commercial bribery" related concepts and its harm,and demonstrate in the international law level,to prove that international cooperation for the combating of transnational commercial bribery is necessary.Through the study of law enforcement agencies,the international organizations and countries,access to the international convention on cooperation under the provision,international cooperation of law enforcement against commercial bribery cases and related professional assessment,using comparative analysis and case analysis method,from the international law and domestic law level around the world are discussed in view of the multinational company of commercial bribery regulation measures of international cooperation,to find the shortcomings of the lack of regulation of international cooperation and the reasons.Finally,based on the above analysis,the author puts forward some suggestions on improving the system of international cooperation against transnational commercial bribery.In the first section of the first chapter,the author firstly defines "commercial bribery of transnational corporations",and thinks that commercial bribery is a special way of corruption.Secondly,the author discusses the harm of transnational commercial bribery through relevant data reports,that is,it hinders the fair competition of international commercial transactions,and is not conducive to the development of transnational corporations and harms the clean government system of one country and other countries.The second section,the author put transnational commercial bribery in international law level,demonstrates the necessity of international cooperation for the multinational management of commercial bribery,at the same time introduce the most representative and covering the widest range of two conventions,expounds the current international cooperation under the regulation of law enforcement efforts and progress,and tries to lay the ground and form basic cognition for below discussion.The third chapter discusses the causes of the defects of current international cooperative regulation,so as to lay a foundation for the author to put forward suggestions and ideas based on the existing problems.Firstly,the author analyzes that the biggest reason why the role of international cooperative regulation cannot be effectively played is the limitation of international conventions.At the same time,the intensified competition in the international economic also leads to the disadvantages of international cooperation.On the other hand,most countries,taking into account factors such as the cost of strengthening international cooperative law enforcement,have not actively taken strong measures,leaving collective action in a dilemma;In addition,the shortage of the number and content of the special system is also an important reason for the lack of international cooperative regulation.Chapter four is the author's conception of perfecting the current international cooperative regulation.To take an incremental approach,sovereign states should first be urged to promote the development of special laws and the establishment of matching institutions and supporting facilities under existing mechanisms,while strengthening judicial assistance.Then the way to resolve the current jurisdictional conflicts and related disputes arising from them is proposed,that is,under existing conventions,states can form informal agreements to reduce friction and reduce the possibility of double jeopardy while ensuring effective cooperation in law enforcement.Finally,the author proposes to try to build a special international cooperative regulation.First,the author discusses the impossibility of some scholars' proposal to build an international court against corruption.Then,the author proposes to build a more effective special cooperative regulation in G20 with relevant legislation and consensus.In a word,the author thinks in the epilogue,commercial bribery in the current international combating transnational company's situation,should continue to play in the existing convention,on the basis of the effective influence between member states reached an informal agreement with feasibility,to adjust the powerful law enforcement countries carried out the country and the positive conflicts of interest,and if possible,try to build commercial bribery special regulation and relevant form a complete set of special regulation of international cooperation,to better promote the international cooperation.