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International Cooperation Mechanism To Combat Commercial Bribery Crimes

Posted on:2019-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2416330590489632Subject:Law
Abstract/Summary:PDF Full Text Request
Commercial bribery is an abnormal form of competition in the process of market economy development.Its appearance undermines the fair and orderly market competition environment,causes distortions in the allocation of resources,erodes the normal operation of economic systems or government systems,and is therefore regulated in many countries.With the accelerating development of economic globalization and integration,commercial bribery is an important model of corruption.It is a public-private issue faced by all countries in the world.Almost no country is free from erosion.China,as the world's largest capital inflow country,and foreign companies investing large sums of money into China's economic development have formed a huge impetus,at the same time,the issue of commercial bribery behind the prosperity has gradually emerged.In the past 10 years,some well-known multinational companies,such as GlaxoSmithKline,Siemens,Avon,Wal-Mart,etc.,have been exposed in China for commercial bribery.The global environment provides a breeding ground for transnational corruption.The punishment of such crimes requires special assistance from international cooperation.It is difficult to effectively solve this problem by relying on the strength of a certain country.Therefore,our country faces various real and potential commercial bribery.In the case of corruption,it is necessary to make full use of various international platforms to promote exchanges and cooperation with foreign countries and form effective governance of transnational corruption.This article uses the methods of literature summarization analysis and comparative analysis.The first chapter discusses the theoretical basis for the definition of multinational commercial bribery,the types and areas of international cooperation,and focuses on some common problems in international cooperation in commercial bribery,such as Problems of jurisdictional conflicts,investigation and evidence collection,extradition issues,and execution of judgments were elaborated.The second chapter reviews the more mature international conventions against corruption,regional conventions such as the UN Convention against Corruption,the Economic Cooperation Organization's “Prohibition of Bribery of Foreign Public Officials in International Business Transactions” and “Beijing Anti-Corruption Publicity”.The relevant provisions and jurisdiction issues concerning international cooperation in these several conventions were introduced,and specific cooperation requirements and implementation paths were discussed.The third chapter analyzes the current situation of China's international cooperation in commercial bribery,including the suspension of international cooperation conventions,the differences in values and ideologies that make cooperation into a predicament,and analyzes the actual conditions affecting international cooperation.The fourth chapter proposes solutions to the related issues in China's response to international cooperation in commercial bribery by improving domestic legislation,expanding the signing of bilateral conventions,and participating in international police cooperation.
Keywords/Search Tags:commercial bribery, international cooperation, international conventions, judicial assistance
PDF Full Text Request
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