Legal Problems Of The Anti-commercial Bribery

The development of the economy has the important influence to the law, and the development of the market economy puts forward the higher request to the law. The commercial bribery is a new problem in the market economy, it anyway was the essence of the anti-unfair competition to obstruct the development of the market economy, and put forward the challenge to the equity and orders that law support. Therefore, the commercial bribery is an illegal act of laws in all the countries, and also the Law against Unfair Competition of the PRC in ChinaThough there is no lack of legal rules about commercial bribery, the illegal phenomenon is very seriously currently, and the faultiness of legal provision is the main reason. This text analyzes the concept at beginning, expounding the output reason and the essence of the commercial bribery, which is unfair in competition and violate the good faith doctrine. Then it indicates that it is not enough to the provision about the purpose, the means and objects etc.of the commercial bribery in current laws and regulations, to the definition which can not body all the characteristics of commercial bribery. And, the commercial bribery is to be covert, it always conceal the illegal purpose by, discount commission and premium sales, further more ,the define and distinctions of them coming from law is misty, which leads to the difficulty of cognizing, investing and prosecuting commercial bribery in practice. In addition, it is unsatisfactory in aspects of punishment and investigating liabilities to the person liable of commercial. In the aspect of administrative enforcement of law, administrative organizations for law enforcement are disunity and conflict.This text put forward assume that it is the time to establish the legal system and specialized norm of commercial bribery, on the base of analyzing problems existing earnestly. This text suggests:On one side ,the new legislation need perfecting the entitative regulation of the commercial bribery, defining its concept and basic composing ,nailing down its purpose and means , entreating commercial giving and receiving bribes on a par, distinguishing it from backhander , discount, commission and premium sales, and increasing the maneuverability in practice.On the other side, new legislation need reinforcing the civil damages and administrative penalty, constituting the system of liability by giving priority to civil liability and uniting administrative liability and criminal liability, formulating legal norm of punitive damages and unifying subjects of law enforcement to ensure the oneness of law enforcement and the authority of law.Besides, it is necessary to revise correlative laws to commercial bribery, in order to improve the administrant pattern and enlarge the market opening. Establishing credit system and encouraging information of commercial bribery is also essential.