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On The Identification Of Commercial Bribery

Posted on:2008-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2206360242959154Subject:Law
Abstract/Summary:PDF Full Text Request
Commercial Bribery is a social phenomenon formed conjunctively with the development of a commodity economy. In a competitive market, competitors typically use Commercial Bribery as a means to fight for trade opportunities and to obtain their competitive advantage. Commercial Bribery brings harm in many aspects that not only serve to destroy the normal market order but also damage consumers' rights and interests, which leads to a blockage of economic growth. Without the guarantee that laws provide, we cannot control Commercial Bribery; however, the actual laws for Commercial Bribery in China are far from perfect, and this is making the definition and ramification a problem. This article, divided into four chapters, is attempting to start from the analysis of the content and extension of Commercial Bribery, and making the defining acts of Commercial Bribery the main focus.In the introduction, through establishing the background behind the definition and the analysis on acts of Commercial Bribery, the article states the origin of this topic. Thereafter, it presents the resources and journals used for this topic, supplemented by pertinent views and compositions from experts from related fields. Subsequently, the introduction lays down the boundaries of the research topic, and clarifies the main focus of this research paper. At the end of the introduction, the article states the research methods used for the verification on the acts of Commercial Bribery.Chapter One "Summary of Chinese laws on acts of Commercial Bribery" first expounds the definition of Commercial Bribery. Then, to completely unravel the implications and extensions of verification on acts of Commercial Bribery, it is necessary to elucidate its main components in order to subjectively and objectively grasp the very substance of Commercial Bribery, draw the boundary between Commercial Bribery and non-Commercial Bribery practices, and provide a theoretical basis for defining acts of Commercial Bribery. Finally, the section separates the definition of Commercial Bribery from other related terms.Chapter Two "Defects of legal definition on acts of Commercial Bribery of China" summarizes the defects and shortages in the legal definition of Commercial Bribery in our country through the analysis of actual legislation. They include the examples that the main frame of Commercial Bribery laws is too narrow, and narration is not clear enough that the boundary of definitions of related terms are hazy. Only by finding out the flaws and loopholes in our regulation of Commercial Bribery, can one further improve and elucidate the directions and goals of the legislations.Chapter Three "Legal definition on acts of Commercial Bribery abroad" pinpoints the defects of verification of Commercial Bribery in China. The section illustrates the state of anti-Commercial Bribery laws in some other countries, and reviews the parts of foreign legislations we can borrow to perfect our laws.Chapter Four "reflection on perfecting the definition of acts of Commercial Bribery in China" is essentially the thesis of the article and discusses how to perfect the present condition of the laws for verification of Commercial Bribery. On the basis of the aforementioned flaws and defects of the current conditions of anti-Commercial Bribery Laws of China and experiences of foreign legislations, the article presents a few suggestions on perfecting anti-Commercial Bribery Laws of China. This includes further widening the mainframe of acts of Commercial Bribery, further clarification of objectivity in acts of Commercial Bribery, illegalization of related acts of Commercial Bribery, and standardization of legislations and criminal laws towards acts of Commercial Bribery.
Keywords/Search Tags:Commercial Bribery, Definition, improvement towards perfection (perfecting)
PDF Full Text Request
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