Anti-commercial Bribery In The Legal System Theory And Practice

Commercial Bribery is the act that the dealer in process of selling and buying obtains the unfair competitive chance by barbering decision-making persons with thing of value or other means to drive the rival out of transaction. Commercial Bribery is regarded as misconduct and thus prohibited by Competitive Acts in many countries. It infringes on the market economic order of fair competition, decays the system of independence against corrosion, and affects the health development of China's market economy seriously. At present, the management of commercial bribery has become a vital demand in order to perfect socialist market economic structure, to safeguard the market order, and to build a socialist harmonious society. The management of commercial bribery is also the important aspects of prevention and fighting against corruption, in the process of building a clean government.Now, "The Anti-Unfair Competition law" promulgated by the National People's Congress in 1993 is the most important law to punish commercial bribery . To coordinate with the "Anti-Unfair Competition Law," in 1996, the State Industrial and Commercial Bureau promulgated "the Interim Provisions on the Prohibition of commercial bribery ". These documents provide legal basis for sanctions against commercial bribery. But, in practice, these laws have exposed many shortcomings, such as, no consistency on defining the commercial bribery; not comprehensive on defining the subject of commercial bribery; no clear understanding on the social nature of commercial bribery; no reasonable legal liability on commercial bribery, and so on. In order to crack down the commercial bribery more effectively, improvement on the anti-commercial bribery legislation has been a pressing task.Based on a true litigation case, this article analyzes the case, and through the analysis invites the deficiency of the law which is in effect. This paper is divided into three parts, and the second part is the core of the article.The first part is the presentation and analysis of the case, it can be divided into three parts. They are: first, it simply describes the facts of the case and makes a comprehensive understanding of it. second, it sums up the judgment of the case. And third, it makes a brief review of the case, and point out the inadequacies of law.The second part is divided into two parts. In first one, in the way of investigation the focus of controversy in the case, the article analyzes the questions in the case ,analyzes the law ,to make sure if these rules can regulate the questions raising in case. The purpose is to point out the shortcomings in the existing legal environment from the following five aspects.In the second one, the article address the above five problem and raise the measures to resolve them. In addition to that, the article also involves other two problems which are about the distinction between common bribery and commercial bribery, and the difference between two similar characters.Based on the above analysis, In the third part, the article raise the complete proposals on how to control commercial bribery. The proposals are made from three aspects: legislation, law enforcement and supervision, in which the legislation make the key part in the section.