China’s Criminal Legislation on Embezzlement and Bribery by Unknown

Author:Unknown
Language: eng
Format: epub
ISBN: 9789813293137
Publisher: Springer Singapore

Article 22 of the Anti-Unfair Competition Law of China stipulates “where a business operator practices bribery by using property or other means to sell or buy goods and where such act constitutes an offence, the business operator shall be held criminally liable.” Article 8 stipulates “a business operator shall not practice bribery by using property or other means to sell or buy goods.” In these provisions on commercial bribery, legislators do not set a limit on “other means” which shall mean any benefit (other than property) that can satisfy certain human needs. It is thus clear that limiting the bribe to property, as is defined in the Criminal Law, comes into conflicts with administrative laws where the bribe is more broadly defined.

(5)Limiting bribes to “property” is out of line with both the definition in UNCAC and the international trend in Criminal Laws

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