The Research On The Regulation Of Commercial Bribery Under The Unfair Competition Law

Since the reform and opening-up,China's market economy flourished,but commercial bribery also increased.Commercial bribery in China presents characteristics of a wide range of means,diversity and immense harm.China's “anti-unfair competition law” is limited at the aspects of commercial bribery concept,manifestations,behavior and legal aspects of the provisions,and it can't adapt to the fair and orderly needs of the market economy.In addition,there are some shortcomings in the study of commercial bribery in China,mainly for the lack of multi-faceted research on commercial bribery phenomenon;the lack of legislation for overseas law enforcement countries,so that the domestic research field is not open enough.Based on the domestic and foreign legislation,this paper discusses the origin of commercial bribery in China from the origin and development of commercial bribery.In addition to the conclusion,this paper is divided into five chapters: the first chapter introduces the domestic and international research status of commercial bribery,as well as the purpose and significance of this paper,research methods and pathways and research priorities,difficulties,The second chapter introduces the basic situation of commercial bribery,including the concept,characteristics and harm,clarify the difference between commercial bribery and bribery in criminal law,the different forms of expression,and the harm caused by economic order.The third chapter introduces the main problems in the regulation of unfair competition law in China's commercial bribery,mainly because of the unclear concept of commercial bribery,the small scope of the subject and the lack of legal responsibility.The fourth chapter is the main part of this article,which introduces the legislation of commercial bribery in Switzerland,Austria and Germany,which is similar to our legislative model,so as to draw lessons from the advantages of our legislation.Chapter 5 gives concrete suggestions on the problems in the legislation of commercial bribery.