Study On Commercial Bribery And Its Regulating Measures

Commercial Bribery is the act that the dealer in process of selling and buying, obtains the unfair competitive edge by suborning decision-making persons with things of value or other means to drive the rival out of the transaction. A global phenomenon, Commercial Bribery is regarded as a misconduct and thus prohibited by Competitive Acts in many countries. In our country, commercial bribery cases shoot up sharply as a result of fierce market competition, leading to market economy disorder, misdeed in various fields and even corruption in society. To improve our legislation in this field and establish a specialized, independent and efficient anti-corruption organ, lots of intensifying study need to be undertaken, in compliance with foreign experience in legislation and law enforcement, to promote the development of anti-corruption and build up a more healthy socialist market economy.The article comprises altogether 4 parts. The 1st part expounds the concept and constituting elements on Commercial Bribery, and analyses the main difference and linkage between commercial bribe and other relevant acts. The 2^nd part introduces mainly foreign legislations in HongKong and such western countries as United States and Germany. Based on the actual social phenomenon and law enforcement tradition, these countries have worked out their own respective regulations against commercial bribery that also shed light on our future legislation in this regard. The 3rd part analyses the condition and deficiency in the existing law system regarding Commercial Bribery in China. This part points out not only the drawbacks of Anti-Unfair Competition Law and Criminal Law of the People's Republic of China, but also the problems of the existing execution system against commercial bribery in practice. The 4^th part focuses on the measures of enhancing...