On The Commercial Bribery Of Legal Regulation In China

Commercial briberies are delinquent behaviors which are used to conclude the transaction or crowd out competitors in the same industry by business subjects. Commercial briberies have great harms. They lead to the loss of state tax revenue and inequality competition between the main corporate businesses. Destroy the law of the value and the price, and seriously affect the market order. And they have a tremendous impact on sustainable economic development on the country. Commercial briberies are widespread in the world, especially in China in recent years. From the commercial perspective, commercial briberies are not only improper business conducts, and are illegal business conducts. China, as well as most countries put commercial briberies in the scope of anti-unfair competition law. Legislators only focus on maintaining the order of market competition from the perspective of public authority, while ignoring to design the responsibility system of civil and commercial in private rights. In this paper, we analyze the legal system of briberies with civil and commercial law theory, and put forward a sound system of briberies, based on national conditions and practice of justice of China.This paper is divided into three parts, containing introduction, body and conclusion. The body is divided into four chapters. The first chapter is overview of briberies. This part describes the content, characteristics, constituent elements, and harmful behavior of briberies. The second chapter is the legislation and issues of briberies of China. In this part, we review the legislative process, analysis the relevant legislation, and found shortcomings in our existing legislation. The third chapter is the regulation of briberies of extra-territorial and the inspiration. By drawing on the experience of foreign countries, the implication of perfecting the legislation has been improved. The last chapter is legal measures of regulating briberies of China. We put forward a sound system of briberies, based on national conditions of China and advanced experience of foreign countries.