Compliance Of Transnational Corporations And Its Legal Regulation: An Inquiry In Te Perspective Of Auti-Bribery

Compliance of Transnational Corporations and Its Legal Regulation:An Inquiry in the Perspective of Anti-BriberyThe topic of transnational corporations'(TNCs') compliance is not only a very practical subject, but also a highly theoretical subject.For such a topic combined of both concrete and abstract, the most fundamental methods in legal philosophy of branches law were applied in this paper including empirical-analysis, interdisciplinary-analysis and comparative-analysis,etc.This thesis is to be developed in such a logical order as follows.Firstly,explain what TNCs'Compliance is.Secondly,offer an answer to the questions why did TNCs implement irregularities and why should build the compliance system. Thirdly,demonstrate the international legal regulation about compliance.And finally,Introduce the regulation of China against commercial bribe.Based on such a logical order,this thesis is divided into four parts.The first chapter is an overview of TNCs'compliance. This chapter first describes the concept of compliance, and defines the scope of compliance which will be carried out to study. The "compliance" this article explored refers primarily to enhancing compliance management and fighting commercial bribery. Then analyses the links and differences of compliance with fighting commercial bribery and corporate social responsibility to get a clear connotation of compliance.The second chapter focuses on the theoretical analysis of TNCs'compliance.This section discusses from two perspectives.Sectionâ… is economic analysis of reasons why TNCs implementes irregularities.This section is to be developed in such a logical order as follows to depth excavate the reasons why do companies illegal operate.What the core goal of company is?-What means companies can take to achieve these goal?-In a environment legal system not strictly regulated,whether illegal operation is conducive to the core goal? Sectionâ…¡why should build TNCs' compliance system in legal and social point of view.First of all TNCs' illegal operating violates the procedural justice and substantive justice, especially the former.If we want to guarantee the realization of justice, a sound legal system should be established to regulate TNCs'irregularities.Second, fair competition,fighting commercial bribery is the bottom line of corporate responsibility,TNCs' compliance management is an important part of corporate social responsibility and necessary requirements.At the same time companies should also build compliance culture, then internal members, companies, companies and the public, companies and governments will coordinate their behavior to reduce disputes and achieve the optimum allocation of resources.The third chapter introduces and analysis international legal mechanism about compliance. First, the development process of international legal mechanisms about compliance can be divided into two stages:the developed countries promoting stage (early 20th century-90 20th century) and global jointly promoting stage (after 90 20th century), then consolidate the characteristics and results of these two stages.Sectionâ…¡describes and analysis the international mechanism associated with TNCs' compliance, including "Foreign Corrupt Practices Act"("FCPA") and the "United Nations Convention against Corruption", "OECD Convention "and other important domestic legislations and international treaties. This section focuses on analysing the FCPA, which consists of two terms:anti-bribery provisions and accounting provisions. Sectionâ…¡applies comparative-analysis method to introduce the "United Nations Convention against Corruption" and the "OECD Convention".By comparing with FCPA and "OECD Convention", the "OECD Convention " and "United Nations Convention against Corruption " to show the continuous progress and improvement of legislation. Sectionâ…¢analyses the new trends of international legal consolidation.The fourth chapter focuses on analysing the characteristics and current situation of TNCs'compliance in China, and give proposals for the shortcomings of domestic regulatory. Section I introduces the features of TNCs'illegal operation in China:a wide range of subject,concealment and diversity means,self-disclosure, non-organized. After that by analysing China's relevant legislation and international treaties which China accessed to and TNCs' compliance systems in China, showing the status of China's legal regulation associated with TNCs' compliance.China's domestic legislation can be divided into three levels:core legislation of controlling commercial bribery,provisions against commercial bribery by industry sub-area,related laws and regulations,without a single specialized commercial bribery law.Legislation against commercial bribery in China is not perfect and effective. At present, China's accessed to the "United Nations Convention against Corruption","United Nations Convention against Transnational Organized Crime ","International Business Transactions Code of Conduct to combat extortion and bribery","Anti-Corruption Action Plan for Asia-Pacific region", "United Nations Convention against Corruption" has the greatest impact on China.In the process of implementing convention, China established research coordination mechanism, analysed the difference between of "United Nations Convention against Corruption" and China's legal system, transformed the "United Nations Convention against Corruption" gradually into domestic law, and some success has been made.Finally, through above description and analysis, giving four areas of recommendations about how construct legal regulation system against TNCs' commercial bribe:improve the formulation of relevant laws; rationalize the existing enforcement system, establishing a sound regulatory institution; guide enterprises to establish compliance systems; promote compliance management international and revise and improve laws against commercial bribery according to international treaties which China accessed, draw on good experience from the countries m aturely control compliance and strengthen international cooperation, bring China into global governance framework.