| "Foreign Corrupt Practices Act"(abbreviated as FCPA) is a special law which is against business bribery occurring in the outside of the United States.And it is the first law against similar behavior in the world.Reasons for this are that the bribery overseas undermines the basis of the fair competition that market economy requires and the people's moral demands of fairness and justice.The first part of this article focuses on the legislative background and the development of "Foreign Corrupt Practices Act".This part is divided into three small parts. First,the legislative background of FCPA is introduced;second,I focus on the development of the law;Finally I introduce the progressive development and regionalization of the law,and specially focus on introducing "Convention on Combating Bribery of Foreign Public Officials in International Business Transactions" by Organization for Economic Co-operation and "United Nations Convention against Corruption",which are very important in the process of the internationalization of FCPA.In the second part of this article,I make a comprehensive analysis on FCPA, involving six parts,which include the anti-bribery provisions,intermediary-payment, accounting terms,the responsibility of overseas bribery and the guidelines of the law.In the third part of this article,four cases are highlighted introduced which cause a strong reaction in our country.These cases make us understand the "FCPA" implementation more.In the last part of this article,based on those analyses,I put forward the legislative proposal overseas bribery.In this section,the reason why we should stress on the importance of the overseas bribery legislation and which kind of legislation modes to take are discussed.Then I give my suggestions that should be included in to China's anti-foreign bribery legislation. |