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Study On The Legal Aspects Of Commercial Bribery

Posted on:2020-09-13Degree:MasterType:Thesis
Country:ChinaCandidate:S YangFull Text:PDF
GTID:2416330575990467Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The increasing commercial bribery has brought serious harm to our social economy.Commercial bribery transfers the cost of bribing goods to the goods sold,seriously damaging the interests of consumers.The failure of commercial bribery to account for income through other accounting methods in various forms,including production costs,has led to a sharp decline in national taxes.This paper discusses the concept of commercial bribery,its main forms and how to regulate the law.In view of the existence of legal loopholes in anti-commercial bribery in our country,this paper puts forward the perfection of legal system,the follow-up of related supporting system,the perfection of government bidding system and the construction of information database.This paper points out the main traditional and derivative forms of commercial bribery in China.At present,the traditional manifestations in the field of commercial bribery mainly include: kickbacks,handling fees,bonus gifts,etc.;The main forms of derivative include: curve bribery,providing travel opportunities in the name of inspection,organizing expert lectures and training courses,sponsoring academic conferences and forums,and "sexual bribery".This paper discusses the current criminal,administrative and economic legislation of commercial bribery in our country in detail,and summarizes the main legal and regulatory problems that exist widely in our commercial bribery.The main external forms are: the concept of commercial bribery is ambiguous;The legal provisions on commercial bribery are too simple and principled;Poor operability;Administrative sanctions are not sufficient;Criminal legislation is not perfect;Legislation lags behind,and the distribution of legal provisions is scattered.This paper aims at the existing legal loopholes in anti-commercial bribery in China,puts forward problems and analyzes them,and puts forward suggestions for improving the concrete implementation measures to solve the problem.In terms of improving the laws and regulations on commercial bribery,we should specifically clarify the scope of commercial bribery,expand the criminal subject of commercial bribery,raise the illegal cost of commercial bribery,establish an independent and unified commercial bribery governance institution,strengthen international cooperation in the management of commercial bribery,and achieve effective supervision of commercial bribery.Promote the establishment of long-term mechanism to control commercial bribery.
Keywords/Search Tags:Commercial bribery, Expressions, Legal regulation
PDF Full Text Request
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