Study On Regulations Governing Commercial Bribe

Commercial bribe is a typical unfair competition which can disturb the competition order of market badly. With the development of commercial economy, commercial bribe developed rapidly. There are various forms of commercial bribe. Brokerage is the most typical form of commercial bribe. The various formats of commercial bribe include property and immateriality, while the later one is becoming more and more popular in China lately. Commercial bribe is widespread especially in some sectors of economy. In order to escape punishment, commercial bribe are usually taken in an underground way. In my opinion, the popularity of commercial bribe is not only due to unsound law system or the thought of money worship, but more deeply influenced by culture tradition, economy and society.The effective way of regulations governing of commercial bribe is to find out the limitation in the law of combating unfair competition and criminal law conferencing of commercial bribe, and to analyze the overseas law regulation. The article basing on the research of law regulation of commercial bribe in other countries including the United States, Japan and Germany results that the legislation of commercial bribe is to maintenance the fair competition and sound market environment, and to found the special executive institution with independent popedom to improve the efficiency. Various relieve, severe punishment, relevant civil responsibility, administrative responsibility, and criminal responsibility are adopted.The article is focus on the improvement of Juristic governance of commercial bribe in China. Aiming at the actuality of commercial bribe in China, the article puts up proposal basing on the experience of other countries including the amendment of Law of the People's Republic of China Against Competition containing the definition of the concept, setting of executive institution and the competition of civil responsibility. The competition of The Criminal Law includes independence status of commercial bribe criminal, enlarge the main body and behavior, and perfect the punishment setting, as well as legislation and execution. At last, there are some suggestion on the institution of Law of Combating Commercial Bribe and policies of governing on commercial bribe.