论我国反商业贿赂法律制度的缺陷及其完善

On the Imperfection of Chinese Law and Regulations on Anti-commercial Bribery

商业贿赂是一种不正当竞争手段,具有严重的社会危害性。目前我国打击商业贿赂的法律制度存在一些缺陷,如对商业贿赂主体的规定不周全,对商业贿赂所侵害的社会关系的性质认识不清,为商业贿赂设置的法律责任不合理。为了能有效地打击商业贿赂,有必要对现行相关法律制度进行完善,包括合理界定商业贿赂主体的范围,以实质损害竞争作为商业贿赂的核心要件,完善法律责任制度,建立有奖举报制度。

As an unfair competitive method, commercial bribery shall do great harm to our society. Chinese legal system combating against commercial bribery has some loopholes at the moment. The subjective of commercial bribery is not inclusive, the social relation infringed by commercial bribery has not being precisely realized, and the legal obligation to punish commercial bribery is not enough severe to deter violator. In order to combat effectively against commercial bribery, the scope of subjective of commercial bribery should be defined scientifically, substantively impairing competition should be treated as an core element of commercial bribery, legal obligation system should be perfected, and an award system of information should by erected as soon as possible etc.