On Legal Regulation Of Transnational Corporations In China Commercial Bribery

This year is the thirty anniversary of Chinese opening-door policy. Thirty years ago, our government makes the decision to open the door to develop market economy, many foreign companies came to china, these companies make great contribution to Chinese economy. Thirty years later, Chinese market economy got big success, however as the reform goes further, short comes that brined by opening economy is also exposed. Among these problems, commercial bribe spread around our country like a plague. Even though we can't see it, it damage our greatly. And as the process of the economical globalization becomes faster and faster, multinational corporations etc., big economic body's influence become more and more serious. Our country faces unprecedented challenge under this situation. On this background, this paper will begin with the basic theory of multinational corporations, research the situation of transnational commercial bribery now in china, generalize the achievement and contribution of America etc. developed countries and international society, then pose the suggestion and standpoint on controlling transnational commercial bribery. This paper includes four chapters.The first chapter researches the situation of commercial bribery in china. Firstly, this chapter introduces two different standpoints about the definition of multinational corporations by the way of historical research. Then the paper poses its standpoint on the multinational corporation's definition. The second part of the first chapter introduces the characters of the multinational corporations by the method of contrast to prove the significance of the research. The third part of this chapter introduces the reason and damages of transnational commercial bribery in china. Lastly it points out the necessarily.The second chapter is the theoretical analysis of commercial bribery. Firstly this chapter introduces the definition transnational commercial bribery the international society gives. Then it compares the differences of Commercial Bribery in U.S. "foreign corrupt practices act","OECD convention" and "united nations convention against corruption". Lastly this chapter explains the differences between Transnational Commercial Bribery and normal commercial bribery.The third chapter introduces the experiences of controlling transnational commercial bribery of the international society. This chapter is the core part of this paper. Firstly, this chapter explains the two main measures of controlling transnational commercial bribery in classify. Then introduces the anti bribery terms and the inside controlling terms in U.S. "foreign corrupt practices act","OECD convention","united nations convention against corruption" individually. On the basis of research on legislative achievements of transnational commercial bribery, this chapter also poses some problems in controlling commercial bribery, for example the problem of extraterritorial jurisdiction.The forth chapter is the conclusion part of this paper. Firstly it introduces the legislative situation of our country, then point out the problems in our laws. Lastly it gives suggestions on transnational commercial bribery.