Research On The Legislation Of Business Bribery Behavior

Business bribery, as unfair competition behavior, grows from increasingly intensecompetition of market, whose character is to obtain bargain opportunity or competitive advantageby offering the keyman money or goods or by any other means. Business bribery disturbs faircompetitive order and honest and credible business environment while infringing interests ofother business operators, which violates the honesty and credibility ethics of commodityeconomy and civil society. Therefore, business bribery, as unfair competition behavior, shall berepressed emphatically within the law in all countries.Business bribery has flooded our marketing economy, so our country has already laid astrong emphasis on the repression of business bribery. The means of business bribery becomevaried along with our development of economy but, which bring more difficulties for cognizingbusiness bribery behavior. Currently, there are many controversial points for cognizing businessbribery within the law of our country, which produce much indeterminacy during the repressionof business bribery. Therefore, strengthening on the research of business bribery behavior andimproving of legislation on the basis of foreign relevant experience, should have importanttheories meaning and fulfillment meaning for push the healthy development of the socialismmarket economy of our country.Standing on the point of the law against unfair competition, according to our present lawsagainst business bribery, by summarizing the business bribery behavior, comparing with foreignlaws and application, this article proposes material countermeasures for repressing businessbribery, in order to realizing our legislation and system of repressing business bribery.This article researches on four aspects of our repressing business bribery, whose basic frameshall be as follow:The first part is about the legal definition of business bribery. This part introduces theorigins, meanings, characters of business bribery, and the origins and development of businessbribery definition. It analyses the business bribery definition of other countries and our presentlegal definition of business bribery, and accepts the domestic point on offering bribes and takingbribes. It analyses the characters and severe harms of business bribery, and indicates the necessityand urgency of the repression of business bribery in our country. It compares the definition ofbusiness bribery with other relevant definition, and classifies business bribery behaviors, in order to understand business bribery profusely and repress business bribery better with legal means.The second part is about the constitutive requirements of business bribery behavior. Thispart indicates that offering bribes and taking bribes compose business bribery. It researches onthe confine of briber and bribe, the subjectivity, the objectivity and the violated object of businessbribery etc.The third part is about the performance of business bribery. This part introduces andanalyses the primary performance and practical special performance of business bribery. Itindicates the resemblance and difference between business bribery and other relevant behavior. Italso concretely analyses the typical performance, offering off-the-book rebate in secret, and otherbehavior, such as discount, lottery-attached sale and unlawful commission, in order to definebusiness bribery more precisely and help to recognize the practical behavior in law enforcement.The fourth part is about the present legislation of the repression of business bribery of ourcountry and legislation improvement. This part introduces actuality and limitation legislation ofthe repression of business bribery of our country, and indicates the problems on lowmaneuverability, confusion and lag of legislation. Then it introduces the foreign regulations ofthe repression of business bribery, especially Germany, United States of America, Japan. As aresult, it makes suggestions on improvement of legislation of the repression of business briberyof our country, which indicates that our country should specially make new acts for repressingbusiness bribery, conforming dispersive laws, and classifying the crime and non-crime ofbusiness bribery, and classifying the criminal, civil and administrative responsibility of businessbribery. It emphasizes on the suggestion and causation on centralized investigation byprocuratorial departments. While suggesting new specialized acts, it indicates that we shouldeven modify and improve our present laws to repressing business bribery as follow: first,modifying Anti-unfair Competition Act, updating the definition of business bribery，especiallybriber and bribee, affirming that the third party outside transaction can be defined as bribe;second, improve our relevant administrative and criminal regulations, reinforcing themaneuverability of Anti-unfair Competition Act, increasing the strength of the repression ofbusiness bribery.