On The Legal Countermeasures For The Governance Of Commercial Bribery In The Field Of Land Transfer

The Commercial bribery is a partner with commercial economy.With the development ofChina’s market economy, Commercial bribery is infiltrating into various economic fields,destroying the market order seriously, infringing the interests of the mass, social mores andcorruption and economic crime, It has been a realistic problem of influencing China’seconomy and social development.The Central Committee and the State Council have paidgreat attention to the above, and demand that the Party Committees and the Government at alllevels.Should treat the governance of commercial bribery as the main task in the process offighting corruption.and take effective measures to gain achievement, and clearly point out thatcommercial bribery should be focused on the governance of project construction, land grant,etc. existing in six fields.Through the objectively analysis, Commercial bribery in the field of land transferappears the break of rules and laws directly, legitimacy in form but violation in essence,implied violation in the technical level and many other forms. It shows that the commercialbribery means are various, highly concealed and difficult to investigate. It also happens onsensitive parts and important posts, etc. and has a bad impact and a serious damage on ourcountry’s economy, politics, social life and order. Therefore, our country not only formulatespolicies and methods on the governance of commercial bribery in the aspect of disciplineinspection and supervision, but also legislates a series of legal system as to the governance ofcommercial bribery from economic, administrative and criminal aspects. It has achieved apositive effect in the governance of commercial bribery through the fulfillment andperformance of laws and policies therein; however the commercial bribery in the field of landtransfer is still in the state of danger and serious governance situation because of the imperfectof legislation, defect of the current system, spacious loophole of power rent-seeking,formalities of transaction steps,difficult norms of transaction and obstacles of the bidding,auction and hanging out systems. Therefore, we must fully depend on the rule of law, throughperfecting the legal system and policies of the governance of commercial bribery, aggravatingthe enforcement, judicial and punishment the behavior of commercial bribery in the field ofland grant, focusing and strengthening the establishment and application of the principles of fairness, justice and good faith and other methods to solve the stubborn disease harming ourcountry’s economy, political and social order thoroughly.