Abstract

China's commercial bribery law has criminal and administrative responsibility to set a more perfect system, but in determining its civil liability, only the "Anti-Unfair Competition Law," 20 and "Civil Law" Chapter VI "civil liability" The general requirement can be invoked. Commercial bribery, civil liability system is imperfect and the lack of interoperability can not meet the current needs of commercial bribery. Analysis of China's commercial bribery, lack of civil liability system, from the theory of competition law and comparative law perspective on the responsibility of the principal, who can claim rights, liability and damages and other issues relating to specific changes and improvement is necessary. China's law has set up a comparatively perfect system for the criminal and administrative liability triggered by commercial bribery. Nevertheless, only the principles in 20th article of the Anti-unfair Competition Law and the part of 'Civil Liability' in 6th chapter of the General Principles of The Civil Law are available to deal with the civil liability. The inadequacy and unpracticability of the relative civil liability are no longer in accordance with the requirement of disciplining the commercial bribery. It is necessary then to perfect detailed issues related to liability parties, right claimable persons, forms of the liability and amounts of damage compensation. The paper will discuss them from the points of competition law theory and comparative analysis