Study On Legal Regulations On Commercial Bribery

Commercial bribery is a means by which an operator gets trading opportunities and takes part in market competition in inappropriate ways such as paying rebate and bribery. With the repaid development of commodity economy, this distorted economic phenomenon ascends the "stage". As its hazards are increasingly prominent and even it has grown up to be a "tumor" in economic construction, every country is seeking solutions that fit for the actual national condition, and how to control commercial briberies has been a common topic of countries all over the world.Based on the punishment law, combined with other related law system, trying to legal regulation of commercial bribery crime are discussed in this paper. This paper can be boiled down to five chapters:Chapter I describes the basic conditions of commercial bribery, examines the regulations on commercial bribery in China, listed the definition of commercial bribery in other countries, then distinguish commercial bribery form commercial crime of bribery, and finally shape the supportive opinions of this paper.Chapter II explores the characteristics of commercial briberies and their common manifestations and focuses on the causes of commercial briberies.Chapter III analyzes the damage commercial briberies make to the normal operation order of the national economy, the fairness and integrity of civil servants, legitimate rights and interests of legal operators, immediate interests of consumers, international competitiveness of Chinese enterprises and the whole image, etc.Chapter IV discusses the deficiencies in China’s policies of governing on commercial bribery from the perspectives of damage compensation system, administrative management tool, punitive measures and the connection with international policies of combating commercial briberies.In Chapter V, by referencing to advanced legislative practices in many countries, the author explores the ways to regulate and monitor commercial briberies in economic, civil, administrative and criminal fields based on her own practical experience in a procuratorial organ, and puts forward reasonable regulatory measures, so as to fundamentally reduce the damage of commercial bribery and better provide theoretical evidences for controlling commercial briberies.