| Pursuit of the maximization of the interest by the players in the market,transactions should be in a well-functioning mode of fair competition. Subjectsshould get the equal opportunities of transactions and play with the just rules in themarket for the rational interests. Contracts mean that transfer of possessions betweenthe different subjects and maximize values of the wealth. However, the transactionruns in the abnormal state driven by the enormous benefit. For example, subjectsbreak the environment of fair competition by committing bribery. Therefore,academic and the courts pay more attention to the contracts obtained by bribery,especially the validity of the contract.There are different stands of the validity of the contract obtained by bribery.There is not any study on the contract obtained by bribery in our countries now. So,the question results into more and more confusion and controversy. Based on theexisting discussion on the problem, the paper analyzes the validity of the contractand comments on the drawbacks of the invalid stand compared with the Americanlaw perspective. Validity works better in the regulation of bribery, and the privatelaw also plays an particular role in the course.The paper contains four chapters, except for foreword and conclusion.Chapterâ… introduces enforceable laws which provide bribery, such as thecriminal law, the economic law.Chapterâ…¡identifies contract obtained by bribery, which is different from thebribery agreement. The former will be discussed in the paper, the latter is void.Chapterâ…¢ analyses the void contract which is obtained by bribery. Contractobtained by bribery breaks the peremptory norms in Laws and administrativeregulations and is deemed void. Moreover, this part proves how private law regulatesbribery.Chapterâ…£ addresses on the validity of contract obtained by bribery. This partexplores the possibility and rationality of validity, and explains the advantages ofwhich validity controls and curls bribery. |
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