Research On The Anti-Transnational Commercial Bribery In China

With the deepening of economic globalization and the in-depth development of commercial exchanges between countries,transnational corporations take various violations in commercial activities to obtain commercial interests,especially the transnational bribery behavior of bribing foreign officials,officials of international organizations and other personnel to seek profits is becoming more and more serious.Since 2013,the anti-corruption storm has been on the rise and deepened gradually.It has become a normal system,and a large number of "tigers" and "flies" have been taken down,which has played a deterrent role to the majority of public officials.From the institutional setting to the decision-making process to the legal regulation,its determination is not insignificant,and its effect is not insignificant.However,the punishment of commercial bribery,especially the punishment of transnational commercial bribery,appears to be inadequate.This is closely related to the imperfect legislation of commercial bribery in China and the lax enforcement of the law.Moreover,transnational commercial bribery is more secretive and involves a wider range.There are a series of problems such as jurisdictional conflicts with other countries and investigation cooperation,so compared with general commercial bribery,it is more harmful and more difficult to investigate.The issue of transnational commercial bribery seriously affects the economic interests of all countries and hinders exchanges between countries,and in 1977 the United States introduced the first law in human history regulating transnational commercial bribery,the Foreign Corrupt Practices Act.The 2003 United Nations Convention against Corruption is the most effective international legal document for the international community to regulate transnational commercial bribery.In 2011,China adopted amendments to the Criminal Law Amendment(VIII)to regulate bribery of foreign officials.However,because China’s market mechanism is not perfect,the legal system is not perfect enough,in order to gain benefits in our huge market,some foreign enterprises in order to gain a competitive advantage,they will not hesitate to violate the motherland and our country’s laws,wanton bribery of our officials.In order to solve this problem,while fully understanding the harm of transnational commercial bribery and the necessity of regulation,our country should base on the development trend and legislative status quo of transnational commercial bribery in our country,learn from the beneficial legal experience of foreign countries in the management of transnational commercial bribery,improve our country’s legal system of commercial bribery,and thoroughly crack down on transnational commercial bribery related to our country.Economic globalization,as an irreversible trend,makes countries more closely connected.Commercial bribery has also gone out of the country and become a common problem faced by all countries.In order to obtain commercial interests,some transnational enterprises carry out commercial bribery,which seriously destroys the international competition order of fair competition.As the largest developing country,China is also seriously troubled by this phenomenon.Therefore,it is of great practical significance to regulate transnational commercial bribery through laws and other means.