We suggest deleting this Article. The reasons are the same as Article 6. In addition, for fines as different as to five times” the illegal income, “one this Article does not provide for any basis or reason for the determination of the fines. This may lead to arbitrary enforcement, which is not conducive to either administration according to law or the market players’ reasonable expectation of the administrative enforcement boundary. Article 20 Where operators violate the provisions of Note 1: We should make it clear that both the briber Article 7 of this Law, the supervision and inspection and bribee of the commercial bribery shall be punished. authorities shall order them to stop the illegal act and may, We should not just punish the briber but leave the bribee according to circumstances, impose a fine of more than unpunished. Those bribers who voluntarily confess their 10% but less than 30% of the illegal income on the briber bribery may be given a lighter punishment. and bribee of the commercial bribery. Where there is no illegal income or the illegal income is difficult to calculate, Note 2: We suggest adding the second paragraph to a fine of more than 100,000 yuan but less than one million define the concept of income.” “illegal yuan shall be imposed according to the circumstances. Where a crime is constituted, the criminal liability shall be prosecuted according to the law. The illegal income mentioned in the preceding paragraph refers to the amount of the targeted transaction, the opportunity and competitive advantage for which the operator has conducted the commercial bribery to obtain. Article 22 In the case of a violation of Article 9 of 1. The determining of administrative fines shall be this Law, the supervision and inspection authorities based on two different circumstances: those who have order for the cessation of the illegal acts and impose a fine illegal income and those who have no illegal income or of more than three times but less than five times the illegal whose illegal income cannot be calculated. income; where there is no illegal income or the illegal income cannot be calculated, a fine of more than 100,000 2. The adjustment made to the order of business
We suggest deleting this Article. The reasons are the same as Article 6. In addition, for fines as different as “one to five times” the illegal income, this Article does not provide for any basis or reason for the determination of the fines. This may lead to arbitrary enforcement, which is not conducive to either administration according to law or the market players’ reasonable expectation of the administrative enforcement boundary. Article 20 Where operators violate the provisions of Article 7 of this Law, the supervision and inspection authorities shall order them to stop the illegal act and may, according to circumstances, impose a fine of more than 10% but less than 30% of the illegal income on the briber and bribee of the commercial bribery. Where there is no illegal income or the illegal income is difficult to calculate, a fine of more than 100,000 yuan but less than one million yuan shall be imposed according to the circumstances. Where a crime is constituted, the criminal liability shall be prosecuted according to the law. The illegal income mentioned in the preceding paragraph refers to the amount of the targeted transaction, the opportunity and competitive advantage for which the operator has conducted the commercial bribery to obtain. Note 1: We should make it clear that both the briber and bribee of the commercial bribery shall be punished. We should not just punish the briber but leave the bribee unpunished. Those bribers who voluntarily confess their bribery may be given a lighter punishment. Note 2: We suggest adding the second paragraph to define the concept of “illegal income.” Article 22 In the case of a violation of Article 9 of this Law, the supervision and inspection authorities order for the cessation of the illegal acts and impose a fine of more than three times but less than five times the illegal income; where there is no illegal income or the illegal income cannot be calculated, a fine of more than 100,000 1. The determining of administrative fines shall be based on two different circumstances: those who have illegal income and those who have no illegal income or whose illegal income cannot be calculated. 2. The adjustment made to the order of business
EN%20Comments%20on%20the%20Anti-Unfair%20Competition%20Law%20(Revised%20Version%20for%20Review).docx