The Legal Regulating Of The Commercial Bribery In China Committed By American Transnational Companies

American transnational companies overseas commercial bribery scandalscontinued to occur, which undermine the market order of fair competition and alsoaffect the public’s confidence to the market. In order to combat commercial briberyU.S. multinationals abroad, the U.S. Congress passed the "FCPA"."FCPA" through itsanti-bribery provisions and accounting provisions to combat and prevent commercialbribery."FCPA" became the template that other countries in developing overseasanti-bribery bill.China has become American transnational companies’ overseas commercialbribery hardest hit in recent years, commercial bribery scandal again sounding thealarm about legal regulating. China’s current commercial bribery related laws arescattered and inconsistent. The "Criminal Law" provisions on bribery arecomparatively more complete, but it limits the bribery means to "property" whichsignificantly reduced its efforts. The "Anti-Unfair Competition Law" is somehow outof date and the provisions on commercial bribery are general and lack of operability.In this paper, through a comparative analysis of the "FCPA" and China’s currentanti-bribery related laws in prohibited conduct, the object pointed to prohibitedconduct, liability, bribery by a third-party issues, the parent company of liabilityissues, the liability of the company after the merger issues and other aspects,combined with the current transnational commercial bribery patterns in China, this paper suggest our first priority is to integrate and extend the definition of "commercialbribery", to clear the boundaries of illegal commercial bribery and crime, improvelegal regulation bribery through a third party and the parent company’s liability issues.