On The Extraterritorial Jurisdiction Of Commercial Bribery Under US Law

The harm of commercial bribery is self-evident.It not only affects the market economic order but also affects China's international image.At the same time,due to economic development and the deepening of the globalization process,commercial bribery is often not limited to one country,so the issue of commercial bribery also involves the issue of extraterritorial jurisdiction of each country.For China and the United States,due to different legal systems,political positions,and moral and cultural habits,the two countries frequently have disputes over jurisdiction over commercial bribery.The extraterritorial jurisdiction of the United States has always been known for its strength.Many well-known commercial bribery cases in the world often have no connection with the United States,but the United States Department of Justice has filed a lawsuit.Therefore,it is necessary to sort out the laws on commercial bribery in the United States and sort out a more complete legal and theoretical system on commercial bribery in the United States for Chinese investors to avoid risks.The main laws governing commercial bribery in the United States covered in this article are the "Anti-Corruption Law Overseas" and "Anti-criminal Organization Erosion of Legal Organization Law".This article combs the above laws from the perspectives of extraterritorial legislative jurisdiction,extraterritorial jurisdiction and extraterritorial law enforcement jurisdiction,and at the same time draws on the theory of extraterritorial jurisdiction in the "Restatement of the United States Foreign Relations Law(Fourth)",Clarified the connection points of the relevant US laws and legal restatements on the regulation of commercial bribery and the theoretical principles of jurisdiction.The United States expands its jurisdiction over commercial bribery to the scope of other countries through the extraterritorial legislative jurisdiction,the extraterritorial jurisdiction and the extraterritorial execution jurisdiction,and uses economic and political means to extend such extraterritorial jurisdiction.Maximum effectiveness.However,the emergence of some cases in recent years has also shown the change of its extraterritorial jurisdiction.For example,the Hoskins case shows the limitation of the jurisdiction of the US Foreign Corrupt Practices Act;the He Zhiping case shows that the United States Regulatory thinking and specific methods of regulation of bribe recipients in commercial bribery crimes.As far as China is concerned,China's regulations on overseas commercial bribery are still very imperfect,and there are no special laws regulating overseas commercial bribery crimes,and there are no judicial and law enforcement agencies specifically responsible for commercial bribery crimes.There is no perfect countermeasure against the excessive extraterritorial jurisdiction of the United States today.Therefore,in the face of today's international situation and the excessive extraterritorial jurisdiction of the United States,China should proceed from multiple aspects to improve China's regulation of commercial bribery crimes and resist the excessive extraterritorial jurisdiction of commercial bribery in the United States.