Study On Legislative Regulation Against Commercial Bribery Of Transnational Corporation

On the day of economic globalization, transnational corporation is the most important participant engaged in international commercial trade. In the process of pursuing benefit maximization, commercial bribery of transnational corporation emerged gradually. On account of the particularity of its participant, commercial bribery of transnational corporation does great harm to the economy of country, as well as the whole world, and distorts the natural competition order of international market. On December 10th,2003,China signatured on United Nations Convention against Corruption. This indicated that the legal regulation of commercial bribery of transnational corporation in China has been brought into international cooperation system formally. However, in order to perform the obligation of the convention wholly, the first need to be done is to introduce advanced supervision idea of commercial bribery of transnational corporation in China, and legislate in China according to the convention. At the present time, the legal supervision of commercial bribery of transnational corporation in China is lacking. This can not meet the need of striking commercial bribery of transnational corporation of the world.On the other hand, the legislator should catch the legislative opportunity that the convention brings to China, do research on and constitute the laws and regulations on legal supervision of commercial bribery of transnational corporation as early as we can.This article is divided into five parts.The first part introduces the basic signification of transnational corporation and commercial bribery of transnational corporation. At the same time, the article analyzes the effect of commercial bribery of transnational corporation in the range of world briefly. The second part analyzes the relevant system of supervising commercial bribery of the home country of transnational corporation, as well as giving the example of the legislation of America, Switzerland and China. The third part analyzes the relevant system of supervising commercial bribery of host country of transnational corporation, as well as giving the example of the legislation of America, Switzerland and China. The forth part introduces the multilateral cooperation of international society on the legal regulation of commercial bribery of transnational corporation. The fifth part indicates that the condition and limitation of legal regulation of commercial bribery of transnational corporation in China, and gives the relevant legislative countermeasure aiming at the limitation of legislation.