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A Study On Cases Involving China Under The U.S. Foreign Corrupt Practices Act

Posted on:2020-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:D SuFull Text:PDF
GTID:2416330590980742Subject:legal
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In recent years,the U.S.<Foreign Corrupt Practices Act> has been a frequent occurrence in China.In the context of the current Sino-US trade war,the U.S.unilateralist policy has once again risen,and it is estimated that the U.S.<Foreign Corrupt Practices Act> will bring litigation against Chinese companies,individuals,multinational corporations,and Chinese companies listed in the U.S.Will increase.With the implementation of the “Belt and Road Initiative”,Chinese companies are increasingly “going out”,and the risks that accompany them are not only the economic,trade,political,and security risks of countries along the route,but also the U.S.<Foreign Corrupt Practices Act>Applicable legal risks.The “He Zhiping Case” in 2017 is an example.This trend requires China to respond as soon as possible.On the other hand,to ensure the sustainability of the “Belt and Road” initiative is well implemented.China also needs to create a good business environment for Chinese companies to “go global”.Anti-corruption is also necessary for China.The first chapter introduces the legislative background,basic content and implementation of the U.S.<Foreign Corrupt Practices Act>.The legislative background is discussed from the economic and political,internal and external perspectives,and introduces anti-bribery provisions and bookkeeping,records and internal control provisions,as well as the law enforcement mechanisms,penalties and settlement methods.The second chapter discusses the legality,rationality and limitation of the extraterritorial jurisdiction of the U.S.<Foreign Corrupt Practices Act>.Finally,it analyzes some problems in the jurisprudence of the law.The third chapter introduces the reasons for the U.S.-related Foreign Corrupt Practices Act in China and its frequent occurrence in China.Through the information on the website of the U.S.Department of Justice and the US Securities Regulatory Commission,the author sorted out 46 cases involving China,so as to find out the characteristics and development trends of the case and analyze the reasons.The fourth chapter proposes the path to prevent and resolve the applicable foreign law risks of the U.S.<Foreign Corrupt Practices Act>,including the legislative response and judicial response to extraterritorial jurisdiction,strengthening the company's compliance governance,and combating cross-border commercial bribery.
Keywords/Search Tags:U.S.<, Foreign Corrupt Practices Act>, , Extraterritorial jurisdiction, Business environment
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