我國(guó)反商業(yè)賄賂立法的反思與重構(gòu).pdf

1、河北經(jīng)貿(mào)大學(xué)碩士學(xué)位論文我國(guó)反商業(yè)賄賂立法的反思與重構(gòu)姓名：張建鑫申請(qǐng)學(xué)位級(jí)別：碩士專(zhuān)業(yè)：@指導(dǎo)教師：@@河北經(jīng)貿(mào)大學(xué)碩士學(xué)位論文 我國(guó)反商業(yè)賄賂立法的反思與重構(gòu) IIA b s t r a c tWith the development of commercial economy, the commercial bribery is rapidly producing and developing as

2、a negative economic situation. In the world, commercial bribery is widespread and cause great harm. So the legislation in most countries clearly prohibits the commercial bribery . According to o

3、bserve the legislation of anti- commercial bribery in our country, there are many legal provisions in some fields, but the effect of deal with the commercial bribery is not significant and the

4、 function of the legislation of anti- commercial bribery is not exerting. So reflection and reconstruction of the anti- commercial bribery legislation in our country is necessary to deal with th

5、e commercial bribery. There are four parts in this article. The first part of the article: the author defined the concept of commercial bribery and analyzed the controversial focus of the conc

6、ept of commercial bribery in m y theorists. On this basis, the author made about the definition of commercial bribery and discussed the manifestations of commercial bribery . Then, the author d

7、iscussed the causes of commercial bribery from the economic system, political system, social structure, legal system and so on. The second part of the article: The author described the relevant

8、 legislation of the United States, Germany and Japan. At the same time, our country is a signatory to “ United Nations Convention against Corruption” . As the anti- corruption guidelines recommen

9、d, “ United Nations Convention against Corruption”has also been provided for commercial bribery . The author provided a detailed introduction to the relevant provisions of “ United Nations Convent

10、ion against Corruption” . On the basis of introducing the anti- commercial bribery of foreign legislation, the author put forward the enlightenment of foreign legislation. The third part of the articl

11、e: The author discussed China's Anti- Bribery legislation status, and analyzed the existed deficiencies of Anti- Bribery legislation in our country from the legal system, the constituent elements

12、and the responsibility of the form. In the legal system, the author discussed the existed deficiencies from the anti- commercial bribery within the legal system, the relevant provisions of crimi

13、nal legislation, the competent authorities of the commercial bribery cases, the responsibility of holding people and the regulation of overseas bribery . In the constituent elements, the author discussed

14、 the existed deficiencies from the main body of the scope of commercial bribery, target range, the occurrence of the field, the subjective and objective requirements and so on. In the responsi

15、bility of the form, the author discussed the existed deficiencies of civil liability , administrative liability and criminal liability . The fourth part of the article: The author put forward th

16、e suggestions of reconstruction of the anti- commercial bribery legislation in our country. One of the most important is put forward the suggestions of formulating a specific “ anti- commercial bribery law”

17、. The author discussed the framework of “ anti- commercial bribery law”from the legislative purpose, scope, elements, rules of procedure, legal liability, etc. Including the following: In the legislati