The Theory Of Legal Regulation Of The Commercial Bribery

In recent years, more and more commercial bribery cases have been reported byChina media. Many famous multinational companies have been involved, such asWal-Mart, Lucent, DPC, IBM, Carrefour, JP Morgan, Daimler, etc. The Chinesegovernment has taken great efforts to regulate bribery activities since year2006. And6fields have been marked as the most dangerous places by compared with other fields.In year2011, the Amendment (VIII) to the PRC Criminal Law, and theSupplementary to Ministry of Public Security on the Standards for Filing CriminalCases under the Jurisdiction of the Public Security Organs for Investigation andProsecution (II), regulated the bribery activity toward foreign government officialsand officials of international public organizations. The above embodies theimprovement of Chinese local rules and regulations in governing bribery incommercial areas. In this field, we have referred to the advanced experience fromoverseas, made some modification in our own rules and regulations. It is obvious agood start, but we should prepare for a long journey on this way. As mentioned in theabove, there are6fields have been marked as the most dangerous places ofcommercial bribery. In this Article, I will take one of those fields, the pharmaceuticalindustry, as my research field. My study method is case study. I will use DPC Tianjincase in year2005, and J&J case in year2011as my research models. I am trying toprovide suggestions on further regulating the bribery in commercial areas, byanalyzing the features of up-to-date commercial bribery, comparing with othercounties’ regulations on commercial bribery, combining the economic theory andeconomic law theory. This article is divided into4sections. In the first section, youcan find the introduction of DPC Tianjin case and J&J case, and the analysis of theirfeature and the common feature in this kind of cases. In the second section, you canfind the introduction of different bribery laws of different countries and theircomparison. In this part, I will advise on how to improve our local commercialbribery legislation. In the third section, there are economic theory and economic lawtheory combined with these2cases. I am showing the reason and the bad influence of bribery in commercial area. Last but not least, in the fourth section, I am trying to findthe ways to improve the current commercial environment by how to regulating thebribery, not only from the push from outside, but also from the control of organizationinternal.