Development Trend And Governance Of Commercial Bribery Crime

Many international corporations suffer severe punishments according to the Foreign Corrupt Practices Act, which causing great feedback worldwide. With the execution of United Nations Convention against Corruption, the states parties to this convention come to make amendments to its domestic laws relating commercial bribery. Up to now, UK Bribery Law Act2010is the latest law regulating commercial bribery.More and more Laws relating commercial bribery come into effect and become stricter. This article compares Foreign Corrupt Practice Act, UK Bribery Law2010and United Nations Convention against Corruption, analyzing the history of legislation and development of legislation relating commercial bribery crime. As a result, it is found out the corresponding laws against commercial bribery crimes become stricter, with the offences being more various, elements more simple and punishments more strict. As a result, it is found out the corresponding laws against commercial bribery crimes become stricter, with the offences being more various, subjects more widespread, elements more simple and punishments more strict.Although the provisions of laws regarding commercial bribery are stipulated more and more in detail, the achievements are not so notable. According to the CPI and BPI reports issued by Transparency International, corruption (including commercial bribery) condition is rather serious. From the commercial bribery disclosed by the media, the amount of funds is rather great and caused serious influence. Thus, from the standpoint of this article, due to the limitation of penalty resource, commercial bribery crimes would be conquered by simple strict punishment.Considering China’s condition, the crime relating commercial bribery is rather serous. China gets low score and ranks at the bottom of the CPI and BPI list issued by Transparency International. What’s more, Transparency International even criticizes China in a direct and open manner in its recent BPI report of2011, warning the potential commercial bribery carried out by China. Meanwhile, many commercial bribery implemented by international corporation also occur in China but corresponding punishments are insufficient in our laws. For the purpose of commercial bribery crimes controlling, the concept of prevention and punishing shall work together. From the point of prevention, this article puts great emphasis on the appointment and management of the public office and regulation of the behaviors of the public office. From the point of punishing, this article thinks highly of strengthening of offences, manner of punishments and execution force.