On The Anti - Unfair Competition Law Of Commercial Bribery

Competition is the inherent attribute of market economy so in the situation of market economy market competition must be fair competition which can enhance the market economy of one country to develop further while unfair competition can prevent the economy of one country from advancing sound and orderly. As a typical unfair competition act,commercial bribery has grown into the breeding soil for corruption and bribery as the result of defective factors such as imperfect market system,legislative defects and administration mechanism in the early years of the construction of our socialist market economy.Therefore commercial bribery has become one of market unspoken rules which seriously hampers our social and economic development as well as carries negative impacts on politics,economy,society,environment,law and culture in our various industries including Engineering Construction,Land Transfer,Property Transactions,The Purchase and Sale of Medicine,Government Procurement,Resource Development and Distribution,Publication and Distribution,Bank Credit,Securities and Futures,Commercial Insurance,Telecommunication,Power etc.Against the impacts of commercial bribery on the market order of fair competition, every country has tried to regulate effectively by intensifying the legislation of competition law. Thus on September 2, 1993 ,the Eighth Standing Committee of National People's Congress enacted Anti Unfair Competition Law of the People's Republic of China (called Anti Unfair Competition Law for short in the following context),and on Nov.l5,1996,the State Administration Bureau for Industry and Commerce published Interim Provisions on the Prohibition of Commercial Bribery Convention (called the Interim Provisions for short later) ,with the aim at regulating commercial bribery.However, with the development of market economy of our country, commercial bribery has emerged within wider areas,by more means and in more disguise in contrast with the limitation of the regulation of current laws on commercial bribery concerning range, elements and liability provisions so that current laws have been reduced operationally which have given rise to many difficulties in the process of judicial practice by law enforcement departments.Revolving around Anti Unfair Competition Law and Interim Provisions,the thesis must be of great reference to perfection of competition legislation through integrating advanced legislative experience home and abroad. The thesis altogether comprises five parts.The 1^st part mainly outlines commercial bribery during which it starts with the basic issues of commercial bribery,defines the concept,manifestation and elements of commercial bribery.And the 2^nd part carries on a detailed comparison of commercial bribery ,kickbacks,discounts,commission and present so as to bear a positive meaning to both accurately defining commercial bribery and enforcing correctly the law. Then in the light of the actual situation of our country, the thesiscarries on a detailed introduction and comparison on legislation and its practice of each country by making reference to the related regulations and systems of the United States,Germany,Japan and other countries each of whose legislative experience has its own characteristics that shed much light on the legislation of anti -commercial bribery of our country.Referring to the legislation experience home and abroad,the 4^th part analyzes the defects and imperfections of anit unfair competition law against commercial bribery of our country in order to embody the urgency of perfection.Finally ,as the focal point of the whole thesis,the 5^th part is undertaken to put forward some suggestions concerning the perfection of legislative regulations on commercial bribery of Anti Unfair Competition Law of our country. In short,the thesis comes to the conclusion that to the end that our country can check the commercial bribery more effectively,it is necessary to take such methods as defining clearly commercial bribery,expanding the range of commercial bribery,improving the operationability and transparency,reunifying the main law enforcement officers,perfecting liability system of commercial bribery of our country,strengthening supervision and inspection authority of administrative departments,standardizing the related behaviour,establishing the system of informants protection and reward as well as perfecting the supervision system of the former etc.