| The burgeoning anti-corruption storm since 2013 seems to gradually develop into a normalized regulation system, a large number of “tigers” and “flies” were punished, which deters the general public officials. From institutional Settings to decision-making procedures and legal regulation, There is no way to say its determination is not firm, the effect is not significant. However, for the punishment of commercial bribery, especially for the commercial bribery of transnational corporation, the punishment is limited, due to some defects in our commercial bribery legislation, and the enforcement of the law is not strict. Simultaneously, the commercial bribery committed by transnational corporations range more widely and more secretive, involving jurisdiction and investigation conflicts with other countries, compared with general commercial bribery, it is more harmful, and more difficult to investigate.In the master dissertation, the author analyzed data and some cases, in order to find which could be used for reference from foreign legislation, and compared with the relevant international treaties, finding out the detects in our legal regulation system and put forward suggestions accordingly.In the first chapter, the author discriminated the concepts related to commercial bribery committed by transnational corporation, and analyzed the reasons and harms of commercial bribery. By comparing and analyzing the data statistics from OECD Foreign Bribery Report and that of The 2014 Chinese entrepreneurs crime report, it’s clear to get to know the status quo of commercial bribery both in China and global, finding that this kind of commercial bribery is likely to exist in developing countries and regions, the settlement cycle is longer as time goes by, and there are various ways of investigation, yet self-report as the main way of exposing.In the second chapter, the author studied the special legislation on foreign commercial bribery and the enforcement of the United Kingdom and the United States, finding that the two countries in dealing with cooperation between countries, agencies, and corporations or individuals greatly contributed to the investigation and settlement. At the same time, there are a variety of punishments which are rigorous for the corporations, playing a deterrent role for the transnational commercial bribery.The third chapter introduced how the United Nations and regional international organizations regulate the transnational commercial bribery on higher level, including United Nations Convention against Corruption, which is the most widely used both in scope and contents, and OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which apply peer-review examination to Supervise the implementation of convention. Besides, The European Union, regulate commercial bribery in many fields, such as Criminal Law Convention on Corruption and Civil Law Convention on Corruption, etc., as well as the APEC Beijing Declaration on Fighting Corruption, the first important international convention on anti-corruption drafting dominated by China.Chapter four mainly introduced the transnational corporations may cause different kinds of jurisdiction conflicts because of the branch form, such as branch offices, subsidiary corporation and joint venture, as well as the jurisdiction principles. It is recommended to take measures to solve this problem, such as considering the international comity of equality and mutual benefit, concluding bilateral or multilateral treaties, and insisting on territorial jurisdiction as priority, etc.In chapter five, by sorting cases published on the official American website and Chinese media reports, the author analyzed the transnational commercial bribery cases in China, the criminal law and the non-criminal law, especially the draft of Criminal Law Amendment(9) and the problems existing in non-criminal law. Feasible countermeasures would be put forward to solve the problems. |
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