A Study On Commercial Bribery Conduct And Legislation Precaution

Commercial Bribery is a term with special meaning in competitive law ,which is regarded as a misconduct and thus prohibited in many countries . Commercial Bribery ,as an phenomenon going in hand with the development of commercial economy ,refers to the act that a party to a transaction obtains the opportunity for and vantageous terms of the transaction by means of suborning the agent or employees of the other party .As in other countries ,the number of these acts has sharply increased with more competition emerging in transaction,leading to disorder in market economy, misdeed in various industries and even corruption in society .To this end, intensifying research into Commercial Bribery,in the light of foreign experiece in legislation and enforcement,to perfectionize our legislation in this field,contributes much to a better competitive order and more healthy socialist market economy.The article comprises altogether 4 parts.The 1st part revoles around the illustration of basic theories on Commercial Bribery ,including its concept ,charateristics ,construstive elements and main difference & linkage between commercial bribe and other economic bribes .Listing of the typically used measures in bribe are also given out in this part .The 2nd part is mainly about the introduction of foreign legislations in such western countries as America ,Germany, Japan and Britain.The point that legislation should be rooted on the ground of present social life and tradition as well sheds light on our future legislation in this in this regard.The 3rd part analyses the condition and deficits in undergoing system of rules in China.As a special law on competitive acts , Anti-Unfair Competition Law of the People's Republic of China serves to prevent and eliminate bribes in commercial activities . But the deficits of this law, summerized by the author as vagueness in definition , oversimplicity in contentsand lack in operationability, brings on difficulty in its enforcement.Commercial Bribery is not yet stipulated as an independent crime in Criminal Law of the People's Republic of China ,however, just as a form of crime about bribing public servants.This factor also undermines the criminal punishment against parties who commit commercial bribes.The 4th part gives proper advice on how to prevent commercial bribe in China. The author focuses on enriching the regulating measures in Anti-Unfair Competition Law of the People's Republic of China and Criminal Law of the People's Republic of China .Importance is attached to telling commercial bribe from discounting and annexation,particularly during the course of enforcement and jurisdiction.