Prevention And Punishment Of Transnational Bribery In China Outbound Investment

Following the trend of economic globalization and Belt and Road Initiative,China is expanding its outbound direct investment.More and more Chinese companies have chances to enter the global market.Accompanied with economic development,corruption has become an arising issue worldwide.Some multinational corporations choose to bribe local government officials in exchange of market quota and more business advantages.In these years,the international community has realized the disadvantages that bribery has caused.Countries such as USA and UK have started to enact laws to punish bribery crimes.Organizations also have established conventions to prevent bribery.For Chinese corporations investing and doing business overseas,if they bribe foreign officials through American bank or mail systems,they are facing the risks of being investigated or even charged for violating Foreign Corrupt Practice Act.Once the company is investigated,it is highly likely to be punished with a huge amount of fines.Employees related to the bribery will even be put into jail.Therefore,for Chinese companies investing in foreign countries,they shall be alert of these risks and try to prevent bribery from happening.Apart from companies'efforts in preventing transnational bribery,government shall also endeavor to regulate corporations abroad and punish corruptive crimes.One purpose of the thesis is to introduce anti-bribery situation all over the world.Moreover,it is to offer some suggestions regarding how to punish transnational bribery more harshly and how to make cooperation between countries if necessary.The thesis is divided into five parts.In the first part,it covers the basic introduction to the case of the United States V.Ho No.17-cr-0079-kbf.The analysis includes facts,rules and their application,and the ruling of the case.The case has implied that more Chinese companies and individuals may be investigated based on FCPA jurisdiction.There will be more FCPA cases relating to Chinese companies.More individuals will be charged and pursuing legal liability.The second part is to review the present strategies companies and Chinese government use to prevent and punish transnational bribery.For companies,their compliance system still has room for improvement when dealing with transnational businesses and entering a new investment environment.For Chinese government,it firstly need more policies to regulate Chinese companies abroad.Besides,more judicial interpretation for Article 164 in Criminal Law are required to maintain the consistence of the rules in UNCAC and UNCATOC.The third part talks about the challenges when handling transnational bribery issues.In China,the briber will not be punished unless the bribery has reached a certain amount.However there is no such a limit in Foreign Corrupt Practices Act nor in the Anti Bribery Act.Since China lacks the experience in investigating cross-border crimes,the evidence for transnational bribery is hard to find and save.Besides,corporations have lost lots of assets abroad.The forth part discusses possible solutions to the problems mentioned above.Corporations shall improve their compliance system to prevent and discover bribery.They also need an inner system to investigate and punish corruption.For Chinese government,it shall add revision to the articles in the Criminal Law and meet the demands with UN conventions.Chinese government shall also consider canceling the threshold of transnational bribery amount,which lays the foundation of further cooperation.Based on the treaties and cooperation agreements between Prosecutors Office and courts,investigation can be conducted successfully in various countries.Other methods like sharing information and assets are also worth trying as they can increase the willingness for further cooperation.The final part is the conclusion of the thesis.The thesis is finished mainly by reading relative articles and cases.The journals,articles of law and books are found in database online,which lay the foundation of thinking and writing Information about United States V.HO is found on Department of Justice website of USA Some comments online is also helpful to better understand the case.The thesis also uses a comparative method to analyze anti-bribery laws in other countries.Since the international community is attaching importance to punishing transnational bribery crimes,Chinese companies shall refuse to conduct similar behavior.Supervision is required to prevent corruption inside companies.Moreover,if transnational behavior is conducted,companied shall take actions to stop the behavior and reduce the harm as possible.For Chinese government,it shall create an environment not bearing transnational bribery issue.Meanwhile,it needs further cooperation with other countries to crack down transnational bribery crimes all over the world.