Study On The Law Countermeasures Of Commercial Bribery

The commercial bribery cases are increasing in the market of our country lately. Moreover, most of them do not take the deserved punishment. The over flow of commercial bribery leads to great damage to the socialist system of market economy. There are a lot of problems in the legal system for anti-bribery, such as clause disorder, narrow range, disunity of subject, and the looseness of law enforcement. Improving and perfecting the related legislation will provide system mastics security to eradicate those problems.Based on various academic views, commercial bribery is defined in this article, by distinguishing it from briberies of commercial characteristics. It aims at excluding competitors, not requiring secret methods as necessary and limiting its subjects within officials in the State organs. It is that, for commercial purposes, the operators disrupt the order of fair competition in illegal methods. Grounded on Anti-unfair competition law, the author analyzed the social harm of commercial bribery and traced the deep-rooted reasons why it still remains while prohibited. On the basis of that, the author presented the defects of the current laws and regulations in regulating such commercial bribery. Then the author proposed three solutions to them: first, amending "Anti-unfair competition law"; second, enacting "foreign anti-commercial bribery law"; third, improving the crimes of commercial bribery in the Criminal Law.Apart from the cogent law by which commercial bribery is controlled, it is essential for the procuratorial organs to intensify the supervision on related law enforcement. In fact, however, there's some difficulties for Chinese procuratorial organs in participating in the control of commercial briberies. Then corresponding law countermeasures is demonstrated on the basis of practical experience in handling such cases.