On Anti-Commercial Bribery Legal System Perfection In China

Commercial bribery is a technical term of competition law. As a kind of unfair competitive behavior, this generated in the beginning of merchandise economic and became popular in the immature market economy environment. The typical concept and character about the commercial bribery is be refers to a party obtains the opportunity and advantageous terms of the transaction by means of suborning the agent or employees with wealth and properties or other means in the transactions. The commercial bribery takes the great harmful to a country and society,which damages the fair competition order of the market economy, erodes the system of an honest and clean government,to this end , the great majority nations all forbid it through lawmaking.The commercial bribery behaviors are increasing in the market in our country lately. It has given a disastrous result to the country, all kinds of organizations and individuals. Commercial bribery has become a shackle to the market economy institution, so how to regulate commercial bribery is an important subject in the law study.Many legislations and rules have been made to prevent commercial bribe in our country, such as"anti-unfair competition law","concerning temporary provision of forbidding commercial bribe","Criminal Law","General Principles of Civil Law", in which it makes objective regulations to deal with commercial bribe. However, there are having a lot of problems and limitations in legal system for anti- bribery. Such as clause disorder and narrow range; no define, no cognizance standard for the commercial bribe; disunity of responsible institutions; the looseness of accounting regulations. To this end, intensifying research into commercial bribery, in the light of foreign experience in legislation and enforcement, to perfectionism our legislation in this field, contributes much to a better competitive order and more healthy socialist market economy, that also is the focus of this paper.The paper be starting with studying the commercial bribery's import and characteristic, and annotate concept about two aspect from the narrow sense and broad sense, and reveal the commerce bribery'nature is corruption. Then, comparative analysis the commerce bribery from the narrow sense and broad sense by history and comparison analyses method, suggest the broad sense concept ought to replace the narrow sense concept, should look on it as the standard in the educational circles studies. The paper having analyses the commerce bribe's constitutive requirement, and suggest expanding the body, object and bribery content range. Because the legislation practice and system defect, perfect the opposing the commerce bribery legal system, be that perfecting commerce bribery civil and administration legal system, perfecting the, works out an independence's oppose commerce bribery crime. To perfect legal system, the paper also suggests perfecting accountant law formulating essential rules and regulations, building commerce overseas bribing legal system, reinforcing an international to oppose commercial bribery.