On Competition Legal Regulation Of Commercial Bribery

With the development of the market economy, there is a negative economic phenomenon in our society. That is commercial bribery. Commercial bribery is a typical example of improper competition. It is widespread in the business world, which is the target of Anti-Unfair Competition Law. In China, commercial bribery is a rather serious problem, which is prevalent in all areas of commercial activities. As a public hazard, commercial bribery has brought about many negative impacts on economic life. So we must harness it. Although the legislation on commercial bribery has been enacted for more than 10 years. However, as the economic situation now is very different from the past, especially the forms of commercial bribery have great changes, we didn't have the relevant judicial interpretations of existing legislation. The serious shortcomings of the legislation resulted that a large number of commercial bribery in reality couldn't have an effective punishment. And the study of the commercial bribery's basic theory in China is not mature enough. At present, the study is confined to certain issues of the basic theory, it is not comprehensive enough. Research of legislation is paying more attention to the perspective of commercial bribery criminal and neglect from the perspective of competition law. These are the reasons of our commercial bribery happening more and more intensified. Therefore, do a deep analysis in the current situation of China's commercial bribery and learn the advanced experiences of foreign countries is very necessary to perfect the legal system of our anti-bribery. It is extremely important to the establishment of a fair and competitive market order and promoting the healthy development of the market economy.In this article, using the empirical analysis, the dialectical method, the comparative method, the economic analysis and so on, study the theory and legislative issues of commercial bribery. The article comprises altogether 4 parts. The first part is about the status of our commercial bribery and its law system. Then analyze the causes of the current situation and existing problems in the legislation. For example, current legislation provides for a narrow range of commercial bribery, it only be defined in the field of buying and selling commodities, the commercial bribery in the other fields of commercial activities is not mentioned. The elements of commercial bribery are provided imperfectly. This causes the difficult to identify the commercial bribery in practice.The second part discusses the key theoretical issues of commercial bribery. From a new perspective, it analyzes deeply on the content of commercial bribery, the forms of its expression, and its legal liability. It is with a view make a little contribution to the basic theoretical research of commercial bribery.The third part, through a comparative study of legislation in developed countries. We learn from the advanced experiences. These will promote the improvement of our legislation.Part IV, basing on the first three parts, the author introduce the proposal of establishing specific "Anti-Bribery Law". Then analyze the necessity and feasibility to establish "Anti-Bribery Law". Finally, introduce the specific legislative proposals. "Anti-Bribery Law" as a specialized management of commercial bribery is a concentration legislation of substantive law and procedural law. It is a comprehensive anti-commercial bribery legal system that set criminal, civil and administrative responsibilities in oneself.