A Study Of Controlling The Bribery Crimes Of The Chinese State-owned Enterprises

With the Chinese state-owned enterprise reform and the deepening of the market economy, now the bribery crimes of the state-owned enterprises have new features. Cases in recent years showed that the system of prevention and control the bribery crimes have not effectively control the incidence of the cases. Especially in some investigations of the foreign bribery cases with Chinese state-owned enterprises, often the overseas judicial authority obtain the evidence related our Chinese State-owned enterprises before our country authority, and then discloses and transfers the related evidence to our country. For example, U.S. Department of Justice monitors and discloses the bribery crimes with China by the FCPA. Undoubtedly, this further showed us our country current system of prevention and control the bribery crimes have not be able to realize its proper legal effect completely.This paper analyzes the bribery crimes of Chinese the state-owned enterprises at first, and pays attention to the current hot topic, for carrying on the inspection to the foreign bribery cases with Chinese state-owned enterprises. Then learn the advanced experiences from the U.S. FCPA in the treatment and prevention to control the bribery crimes. At last, I propose that we should re-define the bribery crimes of Chinese the state-owned enterprises, and certain the appropriate authorities to control. Also we should enlarge the scope of the bribery to perfect the component of the bribery crime. In addition we must pay attention to interior prevention and control system in the state-owned enterprises and establish an information disclosure system.