美国跨国公司在华商业贿赂行为的法律规制
发布时间：2018-11-16 21:31
【摘要】：美国跨国公司海外商业贿赂丑闻不断，在破坏公平竞争的市场秩序的同时也影响了公共对市场的信心。为了打击美国跨国公司海外商业贿赂行为，美国国会通过了《反海外腐败法》。《反海外腐败法》通过其反贿赂条款和会计条款来打击和预防商业贿赂行为。《反海外腐败法》成为了日后其他国家制定反海外商业贿赂法案的蓝本。 中国是美国跨国公司海外商业贿赂的重灾区，近年来一次次商业贿赂丑闻为商业贿赂的法律规制拉响了警钟。中国目前反商业贿赂的相关法律比较分散且又有不相协调之处，同时《刑法》关于贿赂的规定相对比较完善但其将贿赂手段仅限于“财物”大大降低了其打击力度，而《反不正当竞争法》立法较早，关于商业贿赂的规定比较笼统缺乏可操作性。 本文对比分析了美国《反海外腐败法》与中国反商业贿赂相关法律在禁止的行为、禁止的行为所指向的对象、法律责任、通过第三方行贿问题、母子公司的责任承担问题、公司并购后的责任承担问题等方面的不同规定，同时结合目前跨国公司在华商业贿赂的主要方式，提出我国当务之急是要立法统一和扩展现有“商业贿赂”定义、明确商业贿赂违法与犯罪的界线、完善通过第三方行贿的法律规制以及完善母子公司的责任承担问题。
[Abstract]:The scandal of overseas commercial bribery of American multinational corporations has undermined the market order of fair competition and affected public confidence in the market at the same time. In order to combat overseas commercial bribery of American multinational corporations, The United States Congress passed the overseas Corruption Act. The overseas Corruption Act combats and prevents commercial bribery through its anti-bribery provisions and accounting provisions. A blueprint for the overseas Commercial bribery Act. China is the disaster area of American multinational companies' overseas commercial bribery. In recent years, commercial bribery scandals have sounded the alarm for the legal regulation of commercial bribery. At present, the relevant laws against commercial bribery in China are relatively scattered and inconsistent. At the same time, the provisions of the Criminal Law on bribery are relatively perfect, but the bribery measures are limited to "property", which greatly reduces its crackdown. But the anti-unfair competition law legislation is earlier, the stipulation about the commercial bribe lacks the maneuverability generally. This paper compares and analyses the prohibited acts, the object of the prohibited acts, the legal liability, the problem of bribery through third parties, the liability of parent-subsidiary companies and the related laws of the United States against overseas Corruption and China's anti-commercial bribery laws. Different regulations on the liability assumption after merger and acquisition, and combining with the main ways of commercial bribery of multinational corporations in China, it is proposed that the urgent task of our country is to unify and expand the existing definition of "commercial bribery". This paper clarifies the boundary between commercial bribery and crime, consummates the legal regulation of bribery through third party, and consummates the responsibility of parent and subsidiary company.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.294;D924.3
[Abstract]:The scandal of overseas commercial bribery of American multinational corporations has undermined the market order of fair competition and affected public confidence in the market at the same time. In order to combat overseas commercial bribery of American multinational corporations, The United States Congress passed the overseas Corruption Act. The overseas Corruption Act combats and prevents commercial bribery through its anti-bribery provisions and accounting provisions. A blueprint for the overseas Commercial bribery Act. China is the disaster area of American multinational companies' overseas commercial bribery. In recent years, commercial bribery scandals have sounded the alarm for the legal regulation of commercial bribery. At present, the relevant laws against commercial bribery in China are relatively scattered and inconsistent. At the same time, the provisions of the Criminal Law on bribery are relatively perfect, but the bribery measures are limited to "property", which greatly reduces its crackdown. But the anti-unfair competition law legislation is earlier, the stipulation about the commercial bribe lacks the maneuverability generally. This paper compares and analyses the prohibited acts, the object of the prohibited acts, the legal liability, the problem of bribery through third parties, the liability of parent-subsidiary companies and the related laws of the United States against overseas Corruption and China's anti-commercial bribery laws. Different regulations on the liability assumption after merger and acquisition, and combining with the main ways of commercial bribery of multinational corporations in China, it is proposed that the urgent task of our country is to unify and expand the existing definition of "commercial bribery". This paper clarifies the boundary between commercial bribery and crime, consummates the legal regulation of bribery through third party, and consummates the responsibility of parent and subsidiary company.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.294;D924.3
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