Research On Legislation Against Corruption Overseas Of China-owned Enterprise

Corruption overseas of China-owned enterprise occurs frequently,which has a bad impact on China's economic development and international impact.However,China's anti-corruption campaign focuses on the domestic corrupts and ignores the,ignoring the harm of corruption overseas of Chinese enterprises.This paper studies the cases of corruption overseas of Chinese enterprises exposed At home and abroad,And it finds that a large number of corruption overseas behaviors of Chinese enterprises and some related subjects involved in corruption overseas of China are not included in the scope of regulation of China's legal system.This paper studies the cases of corruption overseas of China-owned enterprise exposed At home and abroad,and it finds that a large number of corruption overseas behaviors of China-owned enterprise and some related subjects involved in corruption overseas of China are not included in the scope of regulation of China's legal system,Moreover,China's existing laws lack effective supervision and management system for overseas China-owned enterprise.Therefore,China's legislation against corruption overseas of China-owned enterprises is seriously lacking and far from solving the existing corruption problems.Therefore,it is urgent to improve relevant legislation.Compared with the lack of domestic legislation,foreign anti-corporate corruption overseas has made remarkable achievements.In particular,the United States and the United Kingdom have formed a complete legal system for the governance of corruption overseas in enterprises which become the legislative template for other countries to learn from.In this paper,the anti-bribery clause,accounting clause,enforcement and punishment and other key articles in the foreign corrupt practices act of the United States are interpreted.Through a comparative study of British and American anti-corruption overseas related legislation,this paper analyzes and interprets relevant legislation innovation in the UK,including corporate bribery prevention dereliction of duty,corporate criminal responsibility,corporate ownership transparency system and other contents.To provide legislative inspiration for solving the existing problems of anti-China-owned enterprise ' corruption overseas.As Chinese enterprises are important carriers of China's economic and cultural output,the corruption overseas means and fund hiding methods are special.And anti-China-owned enterprise'corruption overseas legislation needs a comprehensive law which include prevention,punishment,supervision and other contents.Therefore,it is necessary to adopt the "core legislative mode of separate law" to enact the corruption overseas law against China-owned enterprise.The content of "foreign corrupt practices law against China-owned enterprise" shows :to formulate legislative purposes and principles to guide the operation of the whole law,to improve the overseas operation and management system for China-owned enterprise to prevent corruption in advance,to improve the content of corruption overseas against China-owned enterprise and severely punish illegal and criminal ACTS,to establish an overseas regulatory body and an external regulatory system for enterprises to comprehensively supervise overseas Chinese enterprises.We will comprehensively prevent and crack down on corruption overseas by China-owned enterprise through legislation.