反商业贿赂法律制度的理论与实践以A县新华书店不服A县工商局行政处罚一案为例.pdfVIP

ABSTRACT Commercial Bribery is the act that the dealer in process of selling and buying obtains the unfair competitive chance by barbering decision-making persons with thing of value or other means to drive the rival out of transaction. Commercial Bribery is regarded as misconduct and thus prohibited by Competitive Acts in many countries. It infringes on the market economic order of fair competition, decays the system of independence against corrosion, and affects the health development of Chinas market economy seriously. At present, the management of commercial bribery has become a vital demand in order to perfect socialist market economic structure, to safeguard the market order, and to build a socialist harmonious society. The management of commercial bribery is also the important aspects of prevention and fighting against corruption, in the process of building a clean government. Now, “The Anti-Unfair Competition law promulgated by the National Peoples Congress in 1993 is the most important law to punish commercial bribery . To coordinate with the Anti-Unfair Competition Law, in 1996, the State Industrial and Commercial Bureau promulgated “the Interim Provisions on the Prohibition of commercial bribery . These documents provide legal basis for sanctions against commercial bribery. But, in practice, these laws have exposed many shortcomings, such as, no consistency on defining the commercial bribery; not comprehensive on defining the subject of commercial bribery; no clear understanding on the social nature of commercial bribery; no reasonable legal liability on commercial bribery, and so on. In order to crack down the commercial br