Document Type

Article

Publication Date

2017

Abstract

Today, the People's Republic of China (hereinafter China) has become one of the largest economic entities in the world. With the development of China, the problem of bribery has imposed more negative impacts on China’s government and market. This paper is on China’s current regulations on bribery.

This paper is divided into six parts: (1) Introduction to China’s legal regulation on bribery; (2) Who can be bribed in China? (3) What constitutes bribery under China laws? (4) Defenses against bribery charges; (5) Punishment and Liability (Criminal Punishment, Administrative Punishment, and Private Action); and (6) Drawbacks and Proposals for China’s anti-bribery laws.

I use a comparative-study methodology in this paper to compare China’s anti-bribery laws with International anti-bribery conventions (like United Nations Convention Against Corruption and other countries similar laws (like Foreign Corruption Practice Act, UK Anti-Bribery Act 2010, California Unfair Competition Law, etc.). Based the comparison, I identify China’s anti-bribery laws’ disadvantages in legal system and legal practice, and provide constructive advices.

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