Legal Regulation Of Commercial Bribery

Commercial bribery in within the field of economic law is a kind of typical ACTS of unfair competition,under the perspective of criminal law can be divided into office of commercial bribery and the office of commercial bribery.Commercial bribery refers to the behavior person to seek improper competitive advantage in the market,buy the dealing party unit by using money,valuables or other means(not the private enterprises)or individuals and the commercial activity has influence people's behavior.Its essence is in the market transaction "trade power.Against commercial bribery as integrity,destroy the fair competition environment of market economy,hamper rational allocation of resources,such as unable to contain the spread of commercial bribery,will eventually damage the core competitiveness of the national economy.In recent years,with the further development of market economy,the endless mode of business competition,law enforcement faced with new forms,new problems,but still can only use the "anti-unfair competition law" in 1993,causing dispute law enforcement activities.The author hopes that by typing problems analysis summary law enforcement practice,studies the present situation of the legal regulation of commercial bribery in China,using the comparison analytic method to draw lessons from foreign advanced legislation experience,found that the deficiency of legal regulation of commercial bribery in China,put forward the corresponding perfecting suggestion.This paper is divided into four parts:the first law enforcement cases encountered in the practice of typing,brief introduction of the controversial views,summarizes the dispute focus questions typed.The second part introduced the concept of commercial bribery legislation present situation,the concept of draw lessons from foreign commercial bribery,puts forward the author in view of the concept of commercial bribery;The third part puts forward the problems existing in the legal regulation of commercial bribery in China,mainly from the economic law and criminal law against commercial bribery law responsibility system lacks,commercial bribery in the anti-unfair competition law,and as the boundary points of fuzzy behavior,commercial bribery in the criminal law of the French open rigor three aspects were discussed;The fourth part puts forward Suggestions to the governance of commercial bribery,the writer hopes to use for reference the regulation of commercial bribery legislation in our country.