Bribery States on commercial bribery

							Bribery States on commercial bribery

 commercial bribery countries prohibit

 [Abstract] Commercial bribery is a widespread phenomenon, is the product of
negative, since the emergence of commercial bribery, countries have adopted
measures to prohibit, the relevant legislation around the world, enough to power the
government forensic national attention on commercial bribery. The author of this, the
only personal point of view, try the concept of commercial bribery, characteristics and
component elements of start, analysis of the causes of commercial bribery and the
nature of commercial bribery described the damage on the economic order and the
adverse effects, and combination of conditions, from the prohibition on commercial
bribery in China's legislation, and to try to maintain the market order of fair
competition for the purpose of the current relevant legislation, an analysis is my
personal opinion.

  [Key words] reasons against the concept of characteristic elements of the form of
legislative

 back in human society into the private ownership of class society, some people in
order to achieve the economic purposes or to seek other interests State officials began
to bribery. The ancient slave society of the Western Zhou Dynasty of China had the
record of corruption and bribery, "Lu Shang punishment" in the so-called "five over
the defect" in the "subject goods", referring to officials to accept bribes. "History of
Han Dynasty," also has "perverted the law clerks to sit by the bribe," the record, "said
Wen," Solutions: "bribe to pervert the law of property with grateful also." Can be said
that some scholars even believe that the Twenty-Four Histories from Another
Perspective is actually a history of corruption and bribery.

 1, commercial bribery, the concept and characteristics of

 Commercial bribery is a form of bribery, is the development of commodity economy
with the emerging and developed economic phenomenon. In today's world,
commercial bribery is widespread, has become a major form of bribery, in a market
economy highly developed capitalist countries, a large number of political scandals
have exposed corruption and business related, such as the U.S. Lockheed Companies
pay to former Japanese Prime Minister Tanaka 1.6 million U.S. dollars, leading to
criminal charges filed Tanaka, Japan, and implicated three members of Congress,
shocked the Japanese, the U.S. government and outside, the economy of developing
countries in Latin America and Southeast Asia, commercial bribery is also more
serious . China's reform and opening up, economic competition increasingly fierce. As
the market mechanism is not perfect, money worship and the "official standard",
"power based" and other decadent ideas of cultural and regulatory lag and other
reasons, the planned economy system in China for longer period of time have almost
disappeared in the commercial bribery reappeared and spread to become serious
damage to competition, and corrupted cadres, erosion of the party's body, for the
masses to hate the social pollution gear, to use legal means to effective sanctions
against commercial bribery, and maintain the party's image to ensure healthy
economic development, It is very necessary and urgent.
  (a) the concept of commercial bribery,
  "Anti-Unfair Competition Law," Article 8 made on commercial bribery prohibitions,
namely: "An operator shall not use property or other means of bribery to sales or buy
goods. In the off-balance to the other unit or individual secret kickbacks to bribe
Department; other entity or individual, secretly accepts a kickback off-balance, and
punished as taking bribes. the selling or buying of goods, may express clearly to each
other rebates , you can commission to the middlemen. operators to each other
discounts, commissions to intermediaries must be accurately recorded. to accept a
discount or commission must be accurately accounted for the operator. "The
regulations are divided into two, can be divided into three meanings: the first a
preceding paragraph, that "the operator property may not use bribery or other means
to sell or buy goods," is the general prohibition of commercial bribery; the first
paragraph after paragraph, that "in the off-balance by giving secret unit or individual
kickbacks to bribe punished; the other entity or individual, secretly accepts a kickback
off-balance, and punished as taking bribes, "is the typical form of commercial bribery
- a special commission to make regulations; second paragraph appears to be directly
regulated discounts and commissions , but the aim is obviously to commercial bribery
and discounts, legal boundaries of the demarcation commission.
  can be seen that commercial bribery refers to transactions in the market, operators of
properties or other means in secret off-balance by giving the unit or individual for
transactional opportunities and favorable trading conditions for unfair competition.
  (b) Commercial bribery laws characteristic
  1. Acts of commercial bribery is subjective from person intentionally to exclude
competitors for the purpose, objective way through the secret payment to the person
or entity acts of property, the amount of money they pay to falsifying financial books
are usually illegal form of cover up with concealment.

 2. The illicit nature of commercial bribery. The act is carried out in secret off-balance,
off-balance that would not join the formal financial statements, implicitly or in the
contract, the invoice is not clear that the last pockets of individuals or units into the
coffers. It violates the country's relevant financial,, Independent, etc., laws and
regulations.
 3. Commercial bribery occurred most competitive industries, such as the bulk sale of
real estate, unfair to impose on the transaction, so their competition an advantage, and
beat the competitors, to facilitate transactions.

 second, commercial bribery Elements

 in the "Anti-Unfair Competition Law" Article 8, paragraph 1, the preceding essence,
the content has to describe the commercial bribery, just not the way the provisions of
the following definition. "On the Prohibition of Commercial Bribery of Interim
Provisions" in article 2, paragraph 2, also to define the n