Anti-commercial Bribery

Commercial bribe has a long history in the commodity economic marketwhich is an economic phenomenon developed along with the developing ofcommodity economy. Commercial bribe is a term in the context of CompetitionLaw, which is regarded as misconduct and thus prohibited in many countries. Itrefers to the acts that a competitor, during the course of market trade, givingbribes to another party with the purpose of acquiring business opportunities.Commercial bribery belongs to illegal competitive behaviors and destroys thefair competitive order in the market severely. The commercial bribery behaviortortures the essence of fare competition and makes the Competitive law out ofwork. The interests harmed by the commercial bribe include the market system,interests of other fellow competitors who do not give bribes and the interests ofthe consumers.At present, commercial bribe is so common in China that it has becomesome kind of "rule" in the market. In order to look for an efficient way toconstruct our law regulation toward commercial bribery behavior, we needcompare and analyze the law regulations toward business bribery behavioraboard. Also, the author points that only with a clear definition of the commercialbribe, can we enforce the law correctly.This text mainly carries on the research from the angle of the economic lawand analyzes the law in the theory research and law regulations. This testseparates four parts to research the law system about commercial briber of ourcountry, its basic frame is:The first part deals with the general theories of the commercial bribebehavior, including its concept, scope, the main difference & linkage betweencommercial bribery and other economic bribes. Author points out that themeaning of the commercial bribery behavior having the broad sense and narrowsense in the education circles. At last, the author points out the huge harm of thecommercial bribe.The second part deals with the classifying, forms of the expressing andconstructive elements of the commercial bribery behavior. This text also makes an earnest comparison between commercial bribery behavior and the otherrelated acts, such as discount, commission, raffle and premium sales.The third part deals with the legal liability toward to the commercial bribe.At present, the sanctions to the commercial bribery include civil, administrativeand criminal measures. In this part, author points out the problems and theimportance of the civil obligations.The fourth part deals with the establishment and perfection of the legalsystem for commercial bribery behavior. In this part, author analyzes theproblems in the legal system of commercial bribe, and gets the conclusion that itis necessary to build the legal system for commercial bribery behavior. Then theauthor puts forward suggestions on perfecting our regulations including makingexpanding explanation to the subject of the commercial bribery behavior andenriching the regulating measures in Anti-Unfair Competition Law of China. Bydrawing lessons from legislative experiences from other counties, we should setthe Anti-Commercial Bribe Law in an available time.In the end, it is necessary to intensify research into commercial briberybehavior, in the light of the experiences in legislation and enforcement fromaboard, and construct a much better competitive order and more healthy socialistmarket economy.