| With the in-depth development of economic globalization,more and more transnational business activities have emerged.Most of the main implementers of transnational commercial behavior are multinational private enterprises.They have established branches in overseas countries or regions to enhance their economic influence in the international community.In order to break trade barriers in the process of opening up overseas markets,some multinational private companies seek to increase the market share of the countries or regions where their branches are located through commercial bribery.Such behavior will destroy the business environment that the country or region should have.In the context of the development of economic globalization,the business environment of one country or region is closely related to the development of other countries or regions,so multiple countries or regions need to jointly respond to such unfair competition.Prevention is the primary link of governance,and good preventive measures are helpful to the correct solution of legal problems.From the present point of view,the international community has some loopholes in the prevention of transnational commercial bribery,and needs to solve the real dilemma by perfecting the way of law.In view of the more content involved in the prevention of transnational commercial bribery,the system is more complex.Therefore,the author chooses the United Nations Convention against Corruption as the analytical perspective and takes the relevant provisions of the Convention as the entry point to analyze the prevention measures of transnational commercial bribery.As an indispensable member of the international community,China also needs to draw on relevant preventive measures to promote the effective prevention of transnational commercial bribery.This article takes the perspective of the United Nations Convention against Corruption to prevent transnational commercial bribery as the main line,from the overview of transnational commercial bribery and the United Nations Convention against Corruption,specific measures to prevent transnational commercial bribery,and China’s reference to relevant measures to prevent transnational commercial bribery.The three levels of suggestions are discussed and analyzed.These three levels will be developed through five parts,of which the first level corresponds to the first part,the second level corresponds to the second to fourth parts,and the third level corresponds to the fifth part.The first part summarizes the two core research objects of transnational commercial bribery and the United Nations Convention against Corruption.First,it analyzes the definition,characteristics and practical harm of transnational commercial bribery.Secondly,the background and characteristics of the provisions of the United Nations Convention against Corruption and its precautionary measures are analyzed.Based on the above content and the research basis of this article,the conclusion is drawn: combining the specific provisions of the United Nations Convention against Corruption with the broad definition of transnational commercial bribery,and analyzing specific prevention measures is feasible.In the second part,based on the analysis of articles 5,6 and 13 of the United Nations Convention against Corruption,and combining the characteristics of transnational commercial bribery itself,the author concludes the common measures to prevent bribery from the private sector to the public sector and bribery from the private sector to the private sector.It consists of three parts: adhering to the four major precautionary principles and setting up a special prevention of transnational commercial bribery institutions and promoting social participation.In the third part,based on the analysis of articles 7 to 11 of the United Nations Convention against Corruption,and combining the characteristics of transnational commercial bribery itself,the author concludes the common measures to prevent bribery from the private sector to the public sector.It consists of three parts: strengthening the management of public officials related to transnational commercial bribery,improving the administration of public affairs related to transnational commercial bribery and preventing the erosion of judicial organs by transnational commercial bribery early.In the fourth part,based on the analysis of article 12 of the United Nations Convention against Corruption,and combining the characteristics of transnational commercial bribery itself,the author concludes the common measures to prevent bribery from the private sector to the private sector,including two parts: strengthening the audit prevention mechanism within multinational private enterprises and constructing the compliance review system within multinational private enterprises.The fifth part,combined with China’s national conditions and the preventive measures that have been analyzed in the foregoing,makes a concrete analysis of China’s reference to relevant measures to prevent transnational commercial bribery.On the basis of researching the inadequacy of China’s existing preventive measures,four suggestions are given to improve China’s prevention of transnational commercial bribery,namely: improving the legal system for preventing transnational commercial bribery,establishing a specialized agency for preventing transnational commercial bribery,constructing internal risk prevention measures of multinational private enterprises and strengthening international cooperation to prevent transnational commercial bribery. |
