Research On The Standard Of Commercial Bribery Under Anti-Unfair Competition Law

With the rapid development of economy and the speeding up of globalization,anti-corruption and commercial bribery has become a hot topic which is of great concern to our country.Its impact and harm is also the climax of attention in the global field.In recent decades,the anti-corruption struggle in our country is strengthening continuously.Under the background of "bribery,taking bribes together with investigation and punishment",the improper competition behavior of commercial bribery should be taken seriously.China revised the Anti-Unfair Competition Law in 2017,and the commercial bribery clause has also been modified and improved,making the commercial bribery clause in improper competition more suitable for the development,operation and regulation of the market economy at the present stage.Although the revised commercial bribery clause has been perfected,there are still many outstanding problems in the identification of commercial bribery in practice.In the field of administrative law enforcement,there are four deficiencies in the identification of acts constituting commercial bribery.First,in the practice identification,there is the behavior of identifying the opposite party as the object of commercial bribery,which is due to the misunderstanding of the nature of commercial bribery,which will lead to the generalization of law enforcement and the confusion of the boundary between legal operation and commercial bribery.Secondly,since the current Anti-Unfair Competition Law no longer defines bribery as the object of regulation,there are disputes in practice,so the legal basis for commercial bribery is insufficient.Third,operators in the process of counter evidence to produce a problem,the problem comes from the absence of legal provisions of evidence identification standards,so it causes trouble in practice;Fourthly,in practice,there are still some imperfections in the commercial bribery law enforcement determination mechanism,which is reflected in the opaque penalty information and inconsistent law enforcement standards.Under the "Anti-Unfair Competition Law",the change of commercial bribery clauses in China is firstly sorted out,the case analysis method and literature research method are used to analyze the law enforcement status,and the relevant suggestions are put forward according to the existing problems.First of all,we should make clear the boundary between commercial bribery and fair competition: correctly interpret the nature of commercial bribery,and hold an open attitude to operators seeking trading opportunities with legitimate means of competition;The opposite party of the transaction should not be identified as the object of bribery,which is non-punitive,so as to avoid widespread commercial bribery.Secondly,improving the regulatory basis of commercial bribery and strengthening the legal basis for the regulation of commercial bribery will help to create a fair competition market environment.Moreover,on this basis,by establishing the proof standard of the company’s Reverse proof,the "differentiation" and "abuse" of the identification rules can be avoided due to the differences in the identification standards of the Reverse proof of various departments.Finally,we should establish and improve the related identification mechanism of commercial bribery in administrative law enforcement,improve the procedure of punishment information publicity and the identification standard of law enforcement,and increase the commercial bribery law enforcement.