On The Regulation Of Commercial Bribe Under The Law "Against Unfair Competition"

Commercial bribery is known as an inevitable problem of market economy, and this phenomenon is quite common in the world. In recent years, China's commercial bribery is growing. On May 20, 2005, the California medical diagnostic equipment enterprises Diagnostic Products Corporation (DPC) and the United States Department of Justice announced, the company's subsidiary in Tianjin, China ----Tianjin De pu company Ltd, obtained orders through bribery Chinese hospitals, they have been a fine of 4.79 million US dollars. This behavior exposed the rule-- "commercial bribery to survive "in some China's industries, the unspoken rule also highlights China's lack of commercial bribery legislation. In 2006 the country launched the governance of commercial bribery special work, and achieved certain results. However, the lack of a sound system of laws and regulations, the industry will not be able to break the unspoken rules, and have not long-term effectiveness in curbing commercial bribery. Starting from a typical case—the case of De Pu company,this thesis introduces concept of Commercial Bribe firstly. Then it analyze the reason of the flood of Commercial Bribe,including the economic reason and the reason in law. Then it introduces the related concepts of Commercial Bribe in China and in foreign countries and compares the difference of several domestic typical viewpoints.China's regulations of prohibiting commercial bribery are"Anti-Unfair Competition Law"and the State Administration for Industry and Commerce of"commercial bribery Convention on the Prohibition of the temporary regulations."According to the relevant regulations, we have this definition of commercial bribery: commercial bribery refers to the behavior that operators in the process of sale or purchase goods (including services), use property transactions or other means of bribery to bribery the counterpart or people who had a decisive impact on the business, thereby they can crowd out other competitors access and get competitive advantage. Under this definition, we can see that there are four constitute elements in commercial bribery, first is the main operator, and the second is that the subjective purpose was to get trading opportunities, and the third is using property or other means of bribery, the fourth is the violation of multiple objects. Commercial bribery is a wide variety of forms; there are discount, brokerage and other means.There are many reasons for the prevalence of commercial bribery, the main deep-seated are economic reasons and legal reasons. Through simple an economic model, commercial bribery drawn into the unspoken rules mainly because of economic interests, low costs of bribery and high returns. Of course, ineffective regulation of the law is an important reason for the prevalence of commercial bribery. China's existing laws for the regulation of commercial bribery system is plagued with problems. The regulations of law are so principle that they can not be easily operated, and exist in various documents; and the related concepts defined unclearly, and it lost civil liability.The theoretical study of China's commercial bribery starts late. So the main purpose of my thesis is to analyze the problem of the status of our countries current law's regulating commercial bribery and the improvement of the law. First, we introduce the regulatory system for commercial bribery in foreign countries, including the United States, Germany and Japan. They have their different characteristics, thus we should learn from different countries. Through all the analysis of different legal provisions and combining in China's practical situation, the article concludes with perfect our legal system for the regulation of commercial bribery main recommendations. First to deepen structural reforms and to stop the commercial bribery; mainly to improve the "Anti-Unfair Competition Law," and clearly define the concept of correlation; perfect the civil liability provisions; the protection and the establishment of an informant reward system; encourage enterprises to establish a self-control mechanism.