Research On The Identification Of Commercial Bribery From The Perspective Of Anti-unfair Competition Law

Commercial bribery is one of the key issues that endanger the healthy operation of the economy in modern society.With the rapid development of the network economy and the continuous advancement of the economic globalization process,commercial bribery has shown stronger concealment and its harmfulness is getting higher and higher.At present,my country's "Criminal Law" cannot completely regulate all commercial bribery activities,and its main regulation is to reach the point of criminalization that constitutes commercial bribery crimes.The "Anti-Unfair Competition Law" mainly regulates behaviors that violate its specific provisions and do not constitute criminal penalties.Although the revised "Anti-Unfair Competition Law" has revised the relevant provisions of commercial bribery,to a certain extent,it has resolved the overlapping or legal provisions between its provisions and relevant laws such as the Advertising Law,Trademark Law,and Anti-Monopoly Law.However,there are still many prominent problems in the determination of commercial bribery in the implementation of the article.This article starts with the "Anti-Unfair Competition Law",analyzes the current dilemma in the definition of commercial bribery,and on the basis of sorting out the definition,causes and harms of commercial bribery,it clarifies the existence of commercial bribery in the "Anti-Unfair Competition Law" problem.Drawing on the relevant anti-commercial bribery policies of some foreign countries,it has proposed specific measures to improve the anti-unfair competition law related to commercial bribery.The thesis is divided into the following four parts:First,the specific overview of commercial bribery.Through many aspects of the concept of commercial bribery,forms of expression,causes and its harm are discussed,identified and clear the importance of the concept of commercial bribery in China's economics,for our subsequent papers in the relevant points of view and demonstration to lay a solid theoretical basis.Second,Comment on the perfection and problems of the commercial bribery clause in the new "Anti-Unfair Competition Law".Although the new law has been improved to a certain extent,including the rationalization of commercial bribery related provisions,reasonable setting of commercial bribery penalties,employee bribery behavior clear nature.However,there are still some problems,mainly including the unclear definition of the subject of commercial bribery,the blurred boundary between commercial bribery and legal operation,and the lack of provisions on civil liability of commercial bribery.Third,developed countries outside the region strictly regulate commercial bribery in areas such as anti-unfair competition laws.The main purpose is to investigate and analyze the relevant content and problems of commercial bribery in the anti-unfair competition laws of some emerging regional economic countries such as the United States and Japan,and draw on the advantages of various countries.Fourth,specific perfect suggestion,such as clear restrictions and define commercial bribery behavior subject,the legitimacy of the clear consideration as the standard definition of commercial bribery,perfecting the provisions of the civil liability of commercial bribery several specific perfect strategy,strengthen the anti-unfair competition law,the law on commercial bribery stipulated by the actual operability,effective against commercial bribery,Purify the market environment for doing business.