Study On Commercial Bribery And Its Legal Regulating

Commercial bribery is a negative economical phenomenon which is developing with the development of merchandise economics. With the enforcing of the open policy and the scale up of the market economy, commercial bribery , existing in almost all industries in China, has come to be a"guild regulation"to some extend. Although clear definition of commercial bribery has been drafted out by the legislative, there are plenty of oppugns on the integrality, the veracity and the maneuverability of the completed definition. There are so many divarications about this question that no theoretic verdict can be made. The article try to analyze the practical problems exsit in commercial bribery legally on the basis of both domestic and foreign legislation , and to bring forward some pieces of useful proposition for the perfecting of our anti-commercial bribery legislation.The article is divided into four parts. The first part analyzes the inscape and characteristics of commercial bribery by using traditional semantic analytical methods. At the same time, the compare among commercial bribery , the rebate, the discount and commission is also made in this part. At the last , the harmful effects and the cause of the formation of commercial bribery is discussed; the second part of the article is the lucubration of commercial bribery by employing analytical methods both in economics of law and typical economics; the vertical and horizontal compare of commercial bribery is made in the third part of the article which provides praticle use for reference for the anti-commercial bribery legislation in China; the actuality of anti-commercial legislation is in retrospect firstly in the last part , then the exsiting problems are summarized. The core sect of this article, perfecting the legal regulating of commercial bribery, is allocated finally. There are seven countermeasures including the establishment of special apartment to deal with commercial bribery and the addition of foreign regulations on anti-commercial bribery.