Research On Legal Problems Of Commercial Bribery Under Competition Law

Commercial bribery is a term of Competition Law. Generally, it refers to the act that the operators in the market buy over the other party for business opportunities using of property and other means. We know that the opportunities in the free markets are limited, each competitor must be obtain the transaction opportunity through the competitive way. Competition is the essence of transactions for the opportunity, and the number will directly determine the amount of profit. In the market economy, the purpose of competition law is to ensure that every operator could have a fair chance to participate in the competition. The operator, for the transaction opportunity with the mean of commercial bribe, not only destroyed the normal market competition order, but also undermined other competitors' benefits.As a rapid growth of our market economies, the commercial bribery is rampant in our country. It not only becomes the unspoken rules in the domestic industry, even well-known international enterprises will open the Chinese market with bribery. Lucent companies of communications sector and Depew companies in the medical industry were investigated by the national government and stirred in their own industry just because of commercial bribery in China, and then more and more attention has been paid to the commercial bribery by the law academic circle and the government. All along, investigation of commercial bribery in China has been regarded as focus targets in order to maintain market, but the effect is not significant. In 2006, to control the violations of the enterprises and prevent commercial bribery, the government took special concentrated measures for the commercial bribery. The results of the special anti-crime operation have been achieved, but the problems exposed. Commercial bribery as a means becomes complicated with the development of China's market economy. There are many points of contention in Chinese law about the definition of commercial bribery. It results in great incertitude towards the China's management of commercial bribery, which weakened the force of law enforcement.Based on China's current anti-bribery legislation and the practice of commercial bribery in the handling of the case, the dissertation concerns the problems of commercial bribery, referring to foreign-related legislation, analyses the definition of China's commercial bribery in the legal. I hope it is helpful for the definition of commercial bribery in China's competition law. The concept of competition law is to protect the normal order of competition and the legitimate rights and interests of operators, so in the administration process of commercial bribery. We can not ignore combating the means of the new commercial bribery and not easily identified business practices for commercial bribery, it should be a pragmatic approach for analysis. This paper will do research for Premium Sales and the Terminal expense which are the contentious issues in the tow academic circles. Combined cases are discussed, which is designed to more accurately define commercial bribery and be helpful for the concept of law enforcement to the specific acts. In the process of governance on China's commercial bribery, there is still another issue that the commercial bribery sanctions widespread executive emphasis and criminal punishment. As one of the three ways of assuming responsibility for the commercial bribes, compared to relying on the state of law enforcement agencies to investigate and deal with commercial bribery nail down the administrative responsibility and criminal liability, civil liability is born in commercial bribery cases that has almost no available jurisprudence. Very few people study the problem about the civil liability of commercial bribery. This paper attempts to analyze the basis for civil commitment, bear mode and compensation mode with a view for improving the civil liability of commercial bribery. I hope something I do will has some help for it.