Research On Our Country's Civil Liability System Of Commercial Bribery

Commercial bribery is a negative development of the economic phenomenon, with the development of the commodity economy. In recent years, China's market mechanism has not been perfected, "official position" decadent cultural and ideological reasons, Commercial bribery has been concealed from the acts of individual trades to medicine, tourism, insurance, real estate and project bidding and many other industries, and in some sectors such as the "unspoken rules." Commercial bribery in China's economic life has been the spread of serious harm caused to the social and economic development of China and the central authorities attach great importance.At present, China's commercial bribery laws for the criminal and administrative liability in a relatively perfect system, However, in its civil liability, only the "Anti-Unfair Competition Law," this was a matter of principle, No specific operational so far, still have not seen any operator to the "Anti-Unfair Competition Law," was based on article 20 of the reported damages. At present imperfections and lack of maneuverability of commercial bribery civil liability system has been unable to meet the needs of the current management of commercial bribery.This paper is divided into six parts, the first part for the introduction. This paper introduced the study of the origin, significance and research methods, as well as articles on the structure and system of the problem of commercial bribery civil literature of the study.The first chapter is the civil liability system significance of the analysis of commercial bribery. It begins with the first commercial bribery to the analysis form the basis of their understanding. Then, the major hazards of commercial bribery, Based on my own in a study on commercial bribery significance of the civil liability system.The second chapter is on commercial bribery in the system of civil liability of civil liability of the theoretical foundation of the exposition. This chapter first is fair competition theory perspective, discussed commercial bribery, against relative to the fair competition of private law rights; then the theory of good faith from the +perspective of commercial bribery in the need for civil liability system.Chapter III is the nature of commercial bribery and constitutes elements of civil liability. First of all, the author defined the nature of this kind of commercial bribery, and then to the analysis of the main civil commercial bribery. Elements of commercial bribery after a civil order, Construction of the civil liability system for commercial bribery laid the foundation elements.Chapter IV is the relevant international organizations and foreign commercial bribery investigation and analysis of the civil liability system. Writers from the United States, Germany, Japan and the European Union commercial bribery civil liability system, use analysis The method for the comparative analysis of inspection, commercial bribery in the civil liability system has laid a sound foundation in reality.In previous chapters, Chapter 5 is based on the civil liability system for China's commercial bribery issue, Commercial bribery before the completion of the civil liability system of legislative proposals.The main innovation lies in innovation. China's commercial bribery laws for the criminal and administrative liability in a relatively perfect system, but its civil liability, Only the "Anti-Unfair Competition Law," this was a matter of principle and not a specific operation, so far still have not seen any operator to the "Anti-Unfair Competition Law," was based on article 20 of the reported damages. Therefore, in this paper, a comparative analysis of the United States, Germany, Japan and the EU on the basis of a system of civil commercial bribery, Commercial bribery to put forward specific proposals on the building of the system of civil liability.