商业贿赂行为法律规制研究——基于反不正当竞争法的视角经济法学专业论文.docxVIP

PAGE PAGE 2 to understand business bribery profusely and repress business bribery better with legal means. The second part is about the constitutive requirements of business bribery behavior. This part indicates that offering bribes and taking bribes compose business bribery. It researches on the confine of briber and bribe, the subjectivity, the objectivity and the violated object of business bribery etc. The third part is about the performance of business bribery. This part introduces and analyses the primary performance and practical special performance of business bribery. It indicates the resemblance and difference between business bribery and other relevant behavior. It also concretely analyses the typical performance, offering off-the-book rebate in secret, and other behavior, such as discount, lottery-attached sale and unlawful commission, in order to define business bribery more precisely and help to recognize the practical behavior in law enforcement. The fourth part is about the present legislation of the repression of business bribery of our country and legislation improvement. This part introduces actuality and limitation legislation of the repression of business bribery of our country, and indicates the problems on low maneuverability, confusion and lag of legislation. Then it introduces the foreign regulations of the repression of business bribery, especially Germany, United States of America, Japan. As a result, it makes suggestions on improvement of legislation of the repression of business bribery of our country, which indicates that our country should specially make new acts for repressing business bribery, conforming dispersive laws, and classifying the crime and non-crime of business bribery, and classifying the criminal, civil and administrative responsibility of business bribery. It emphasizes on the suggestion and causation on centralized investigation by procuratorial departments. While suggesting new specialized acts, it indicates that w