Research On Commercial Bribery And Relevant Laws And Regulations

The situation of commercial bribery which boasts the features of prevalence, diversity, complexity and covertness is getting worse in China. It is still a long way ahead to effectively eradicate this. In the six fields in which commercial bribery is frequently seen, like engineering construction, land transfer, property right transaction, medicine purchasing and marketing, government purchasing and resources development, commercial bribery is tacitly approved as industry rules and formula of enterprises'operation.Relevant researches have suggested that the populance of commercial bribery have become bottleneck to the development of national economy, and campaign against commercial bribery is strategic policy to promote clean government, to improve social market economy system and sound social development. Therefore, campaign against commercial bribery is especially important in real terms. This paper, based on the legal stipulation of national laws, takes commercial bribery as the subject and draws upon relevant legal stipulation aboard to basically discuss commercial bribery and relevant legal regulations. This paper contains four chapters besides the introduction and conclusion, it is composed of 30 thousands words and has the following structure:The first chapter talks about commercial bribery's harm to the society. This paper, starts from the perspective of breaking fair competition and market economy order , causing corruption, ruining social civilization and harming public benefits, discusses the huge harm to society brought by commercial bribery to accentuate the practical function of this paper.The second chapter discusses the definition of commercial bribery and features of relevat laws. The author mainly analyzes the definition of commercial bribery, the reason behind commercial bribery's development, the popularity ,concealment and multi-illegalness of commercial bribery, and more emphasis is put on the discussion of"property means".The third chapter is about the constitunent of commercial bribery and its legal features. This chapter is one of the focus of this thesis. The author analyzes in from the perspective of the basic constituents of commercial bribery, briber, bribee, subjective aspects and objective aspects to compare in terms of commercial bribery's four symbolic ways as kickback, discount, commission and present, the subtle differences among them are also discussed.The fourth chapter is about the legal stipulation against commercial bribery. This is also the focus of the thesis. The author compares the legislation on commercial bribery in foreign countries like American, Japan, German and in China.talks about the legal responsibility caused by commercial bribery. This is also the focus of the thesis. Through the research and analysis of administrative duty, penal duty and civil duty stipulated by relevant laws and regulations, the author thinks that more serious administrative sanction and penalty should be imposed in terms of administrative duty, and in terms of penal duty, the target scope of commercial bribery crime should be enlarged, reprieve be reduced and qualification penalty be increased, etc. With regard to civil duty, casualty of commercial bribery should be entitled to issue civil indemnity claim on the loss suffered from commercial bribery, and give personal opinions on the recourse of civil duty brought by commercial bribery.