Research On The Extraterritorial Jurisdiction Issues Of Anti-transnational Commercial Bribery

With the development of economic globalization, commercial bribery which isone of the traditional problems has shown a character of trans-nation in the new era.And this also brings about many new legal problems. Lots of researches so far havefocused on substantive issues of transnational commercial bribery, however, this is notthe same about procedural issues. This article will focus on the extraterritorialjurisdiction issues of transnational commercial bribery. The purpose of this article isto give some suggestions on this field for Chinese lawmakers and law enforcers.Firstly, this article introduces the definition and nature of transnationalcommercial bribery and legal foundations of extraterritorial jurisdiction. Although,not all the commercial bribery is judged as criminal offence, transnational commercialbribery is regulated by criminal law due to its particular characteristics and socialharmfulness in the international community. As a result, this article will concentrateon the main issue from criminal aspect and analyze the most applied principles in thisfield such as Nationality Principle, Effectiveness Principle, Reasonableness Principle,Unitary Economic Entity Principle and so on.Secondly, considering that the Foreign Corrupt Practice Act (U.S.) and the BriberyAct2010(UK) are two most advanced and powerful legislations, this article paysgreat of writings on introducing the related provisions in the two legislations and analyzing how the two countries exercise their extraterritorial jurisdiction with typicalcases in the field of transnational commercial bribery.Thirdly, this article studies the specific patterns of manifestation of theextraterritorial jurisdiction conflicts and puts forward solutions to these issues.Sovereign states shall adhere to the principles-Priority of territoriality and ne bis inidem. The conflicts can be avoided and coordinated by self-control of states, regionalcooperation and signing international conventions. This part introduces the mostimportant international convention which relates to transnational commercialbribery-the United Nations Convention against Corruption.Finally, this article focuses on the case of GSK China and briefly clarifies thejurisdiction conflicts hidden in this case. Continually, this article returns to Chineselegislation and law enforcement on extraterritorial jurisdiction of transnationalcommercial bribery and points out the deficiency related. In the end, the legalproposals for dealing with extraterritorial jurisdiction conflicts are put forward.