| Commercial bribery is a term of Competition Law.Generally,it refers to the act that the operators in the market buy over the other party for business opportunities using property and other means.We know that the opportunities in the free market are limited,each competitor must obtain the transaction opportunity through the competitive way.Competition is the essence of transactions for the opportunity,and the opportunities will directly determine the amount of profit.In the market economy,the purpose of the Competition Law is to ensure the legal operators get the impartial business opportunities.Commercial bribery not only breaches the normal order of the transaction,but also impairs the benefits of the reasonable competitors. Along with the development of the economy,Commercial bribery becomes more rampant.Due to the means of Commercial bribery expand to a great varieties together with the faultiness of the legislation,punishing the law-breaker becomes urgent.The thesis through analyzing the legal rules,the imperil arising from the Commercial bribery,the various commercial bribery means of "storage pack charges,the admission fees and the monopolization fees." to explain the distinguishes between the rational business customs and the commercial bribery.At the meantime,the thesis generalize the strategy to perpect the legal system.The thesis expatiate two intricate problems.The first is the extension of the bribee;The other is the "monopolization charges" which exists generally in the current market-economy. Even some well-known large-scale enterprises adopt kinds of bribery means(for example, "the promotion fees,unapplied expenses") to get the purpose of evading the law.On these basis,the thesis appeal to the legislature to think much of the current situation of the commercial bribery law and the related laws and then try to every means to perfect them. Besides,the thesis reminds to the business operators to regulate their behaviors to accommodate the market-economy's requirements. |
PDF Full Text Request