A Comparative Analysis On The Effectiveness Of Laws And Statutes Against Commercial Bribery In China

Nankai University (Philosophy and Social Sciences) 5:9-16 (2006)
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Abstract

Commercial bribery, bribery refers specifically to the subject company or its employees is a class of bribery-type corruption, that is, "United Nations Convention against Corruption" in the word "corruption involving the private sector." Effectively combat bribery in business is the basic countermeasures. In the past decade, China has developed a number of the fight against commercial bribery laws and regulations. Effectiveness evaluation based on a model, through qualitative and quantitative analysis and comparison with foreign laws and regulations are stated in our fight against commercial bribery laws effectiveness, there are still some obvious flaws. Only to overcome these shortcomings, China's fight against corruption and commercial bribery in order to improve the effectiveness. Commercial bribery is one of the most serious corrupt conducts in China today, and so far it is far from well controlled. The damage caused by commercial bribery to China's economy and society is both extensive and serious. It needs integrated strategies to prevent commercial bribery, among them laws arid statutes focus on fighting commercial bribery are of most importance. This paper introduces the current laws and statutes fighting commercial bribery in China, then designs a model to analyze the effectiveness of these laws or statutes. In analyzing the effectiveness of the relative laws and statutes in China, we compare them with the False Claims Act of USA to the conclusion: China's laws and statutes against commercial bribery have much to be improved. Finally, the paper raises four propositions for the improvement

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