Legal Regulation On Commercial Bribery

Commercial bribery is a malignant tumor of the development of market economy.It has caused serious damage to the fair market competition order. Sound law is thefoundation of effective governance of commercial bribery. Being the generalcommercial bribery law, Anti-Unfair Competition Law of China has been put intoeffect for more than20years and has never been modified. There are many deficienciesof The Anti-Unfair Competition Law. The definition of commercial bribery isimperfect; whether “non-property interests” is concluded in the scope of commercialbribery is not clear; administrative liability has few sanction efforts.By analyzing the existing inadequate regulations and drawing on the usefulexperience of foreign countries, we should specify the identified standard of theeligibility criteria of the legal subject of the commercial bribery, clearly put the " non-property interests " into the scope of commercial bribery, increase qualification penaltyand increase the intensity of penalties、learn from the “Blacklist” System in the Field ofPharmaceutical Sales and build up a "blacklist " system throughout the field ofcommercial bribery、provide clear guidelines to combat commercial bribery andimprove legal cost so that an deterrent effect can be formed to the potential commercialbribery and an well-maintained competition order can be established.