Research On Jurisdiction Problems Of Commercial Bribery By Transnational Corporations

As economic globalization goes deepening, transnational corporations are used as amain way of implementing economic aggression by developed country. This brings manylegal problems. Commercial bribery as one of transnational corporations’ methods ofexploiting their host countries market has become more and more rampant worldwide.Commercial bribery by transnational corporations has specialty in internationalism andthere are excessive researches on entity aspect. Many countries and internationalorganizations try to regulate transnational corporations’ conduct by passing laws. Forinstance, United Nations Convention against Corruption and Foreign Corrupt PracticesAct of United States. However, there is rare research on the problem of jurisdiction conflictcaused by extraterritorial jurisdiction in practice.Since various countries generally define commercial bribery as a crime and regulate itwith criminal law. This paper will, mainly from the criminal perspective, carry out aresearch on jurisdiction problems of commercial bribery by transnational corporations.Firstly, it defines specialty and range of commercial bribery by transnational corporations.The author hopes to adopt a macro definition that defines it as that any branch or employeeof a transnatioal corporation commits bribery to or accepts bribery from a domestic orforeign entity out of a commercial purpose. Since a transnational corporation is the mainbribery subject, the paper mainly discusses jurisdiction problem of bribery by transnationalcorporations. Secondly, the paper discusses extraterritorial jurisdiction and its bases,mainly including territorial principle, nationality principle, protective jurisdiction,universal jurisdiction, the effects doctrine and single economic entity, of which includestraditional bases as well as extensional explanation and new development in adaptingprocess. Thirdly, it analyzes the conflict of jurisdictions of commercial bribery bytransnational corporations, classifies and discusses the causes and nature of commercialbribery, and proposes resolutions at domestic and international aspects. At last, the paper analyzes relevant regulations of China, identifies their defects and proposes advicesconcerning legislation mode, subject setting, jurisdiction regulation, and the control fromparent company over subsidiary.