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

Against the background of globalization and the wide establishment of market economy,commercial bribery has become an important factor to destroy the order of market economy,lead to market failure,and even have a bad impact on the business environment of countries and regions.In our country,commercial bribery not only seriously ruins the normal operation order of the social market economy,destroys the fair and honest trading environment,but also affects general mood of society and encourages unhealthy tendencies,to create a "Gresham’s law effect.".However,the regulation of commercial bribery in China has all along lacked a perfect system,and the process of amending the anti-unfair competition law has improved the regulation of commercial bribery,however,there are still some problems such as unclear concept,unclear constituent elements,imperfect legal responsibility,and so on.And the related legislation also has the question which the formulation time is long,the stipulation is not unified,this also causes in the practice the commercial bribe cognizance the dispute.This paper mainly studies the identification of commercial bribery in theory and practice from the perspective of the Unfair competition law,in order to find the deficiencies in the legislative system of commercial bribery,and in view of the question proposed consummates the commercial bribe governance the related suggestion.This article is divided into five parts:In the first part,the introduction introduces the background,significance and methods of this paper,and collates the related literatures collected in the earlier period,this paper summarizes the current research situation of commercial bribery from the perspectives of concept,cognizance,suggestions of regulation and international experience,and puts forward the viewpoint of further research on commercial bribery from the perspective of competition law.The second part focuses on the relevant provisions on commercial bribery in China’s current legislation from the perspective of anti-Unfair competition law,and summarizes the changes of the concept,identification elements and legal liability of commercial bribery,and found that China’s current legislation on commercial bribery-related issues of the lack of provisions.The third part clarifies the differences between commercial subsidy,commercial interest enticement,donation,exclusive cooperation(distribution)agreement and commercial bribery based on the disputes of commercial bribery in practice,find out the current commercial bribery law enforcement practice in the existence of problems.The fourth part analyzes the excellent experience of anti-commercial bribery in foreign countries,draws on the experience of foreign commercial bribery legislation in the concept and identification of commercial bribery,and introduces the precautionary system in law enforcement,as well as the enhancement commercial bribery regulation extra-territorial effect aspect experience and so on,promotes our country commercial bribery governance system’s consummation.Finally,in view of the deficiencies in the legislation and law enforcement practice of commercial bribery in China’s anti-unfair competition law,learning from the outstanding achievements of international commercial bribery governance,in combination with the actual legislation,law enforcement,social governance three aspects to improve China’s commercial bribery governance system of the relevant recommendations.