Identification Of Commercial Bribe

Commercial bribery is a common illegal behavior of the market economy,which belongs to the unfair competition behavior.The mainly provisions of commercial bribery in our country exit in the action "Anti Unfair Competition Law",and supplemented by criminal law,"on the prohibition of commercial bribery Interim Provisions" and other departmental rules as a supplement.However,due to the unclear legal definition,and different provisions in different levels,the interpretation and application of the community are often inconsistent,or even conflict with each other.Because of the unclear definition of commercial bribery in current laws,it has does great harm to the actual life.Therefore,the correct definition of commercial bribery and related legislation are extremely urgent.Based on the elaborates and analysis of identification of industry and commerce,judicial and academic circles on commercial bribery,and through three typical cases of commercial bribery analysis between administrative law enforcement and judicial cognizance of commercial bribery,and referring to relevant laws and regulations and foreign academic interpretation,through legal analysis,the paper explores the nature and identification standard of commercial bribery.The author draws the conclusion that the nature of commercial bribery is the behavior of the market economy traders to gain unfair competitive advantage through the means of exchange of interests.We can give the commercial bribery a complete and clear definition namely commercial bribery refers that the a party of the market transactions gives benefit to the other party of the transaction to obtain unfair competitive advantage,cause or may disturb the market order of fair competition behavior.This is the first major revision of the anti-unfair competition law enacted in 1993,and the Legislative Affairs Office of the National People's Congress(NPC)issued the law on Anti Unfair Competition(revised draft).There are many merits of the amendment to the current law,however,there are still some problems in the nature of commercial bribery.Based on the discussion and analysis of the nature of commercial bribery,the author puts forward some amendments and suggestions to solve the practical problems of commercial bribery.