Analysis On The Anti-Corruption Legislation Of U.S. And UK

With the exposure of the commercial bribery of some multi-nationalcompanies in our country in recent years, such as “DPC bribery case” and “IBMbribery case”, the Foreign Corruption Practice Act of the United States hasbecome more and more familiar to us and also has brought more attention. TheU.S. Foreign Corruption Practice Act aims at restraining the bribery to foreignofficials conducted by U.S. companies and individuals. And it sets forth in the acta system requiring financial records and internal control made by U.S. listingcompanies as well.The United Kingdom adopted UK Bribery Act in2010which strictlyregulates the conduct of offering a bribe and receiving a bribe of the enterprisesand individuals of UK or associated enterprises and individuals of UK based onU.S. Foreign Corruption Practice Act and several international conventionsadopted by UK. By now, the UK Bribery Act2010is famous for its broad scopeof restriction and severe sanctions. Recently a large number of Chinese enterprises have got involved in thelisting in U.S. and UK financial markets and overseas merger and acquisition, towhich the anti-corruption laws are directly and indirectly applicable. Furthermore,our country should also improve the laws against commercial bribery to strikesuch illegal conducts and to place the domestic market in good order.This thesis firstly introduces the background and details the content of U.S.Foreign Corruption Practice Ac and UK Bribery Act in Chapter One and ChapterTwo hereof, which gives the readers an initial understanding. Then, the authormakes a comparative analysis on the two acts to reflect the trends of legalpractice regarding the two acts, at the same time deepening the understanding ofthe readers. Finally, this thesis points out the defects of the legislation of ourcountry with respect to anti-commercial bribery and foreign corruption andprovides suggestions for improvements.