Research On The Legal Regulation Of Commercial Bribery

Commercial bribery happens when the dealers try to obtain trade opportunity orfavorable terms of trade, by using financial or other illegal ways to buy off tradeopponent or someone who is crucial in the trade, to favor the trade and getcommercial benefit from it. This behaviour not only destroy the order of fair trade andresist the fundamental market functionality in allocating resource in our country, butalso destroy national integrity system, deteriorate investment environment. Ourcountry publishes quite a number of regulations based on the core of anti-unfaircompetition law and departmental rules about prohibiting the commercial bribery. Thegovernment also pays attentions to striking the commercial bribery, but suchbehaviour seems not yet to be stopped. The most important reason is the lack of strictand systematic regulations. Therefore, it is necessary and urgent to improve ourregulations against commercial bribery.This article mainly utilizes the theory analysis, case study and comparativeanalysis to discuss about the flaws on the regulations against commercial bribery andthe ways to improve the situation. There are four parts except introduction andconclusion:Part One: The fundamental problem in commercial bribery. This part talks aboutthe concept, characteristics and the main forms of commercial bribery.Part Two: By analyzing the theories and the case of Rio Tinto to discuss theharmness of such behaviour, I indicate the necessity of improving regulations againstcommercial bribery.Part Three: By studying and investigating the current regulations againstcommercial bribery to introduce the current law against commercial bribery in ourcountry, I point out the slowness of current regulation, including oversight on thedefinition of commercial bribery, lackness of regulations about anti-commercialbribery overseas and lackness of legal responsibility and so on.Part Four: This part mainly refers to giving suggestions on how to improvingregulations in our country. It is important to study the typical anti-commercial briberyregulations in foreign countries to improve our business bribe regulation and in the end our country must establish Anti-Bribery Law. This law must precisely define thebehavior of commercial bribery, increase the type of administrative punishment andelevate the scope of it to improve administrative responsibility, use Tort Law as aguide to improve civil liability and ban commercial bribery overseas. Furthermore,improve the relevant criminal law, especially note the use of Criminal CodeAmendment (Seven) and the ways to deal with commercial bribery. Finally ourcountry must form a legal system based on Anti-Bribery Law and Criminal Law. Onpractice, it is important to rationalize the judicial system and the law enforcementsystem so that these regulations will be put on better on practice.