prove that the employees offer or take bribes against the industries. interests of the operator, or the employees offer bribes Therefore, we suggest clarifying in this Article the against the operator’s explicitly specified provisions using scope of service”, the act of bribery, and the “public their own property, or the operator does not benefit from personnel to whom the bribe is offered. In addition, for the employees’ act of offering or accepting bribes, then benefits that should not be gained, the wording of such act of the employees shall not be deemed as the act of seeking” is more appropriate than “unlawfully “seeking”. the operator. Note 2: The legislative purpose of this Law is to protect the healthy development of the socialist market economy, encourage and protect fair competition, prohibit acts of unfair competition, and protect the legitimate rights and interests of operators and consumers. “Unfair competition” as mentioned in this Law refers to acts conducted by operators in violation of the provisions of this Law that will damage the legitimate rights and interests of other operators and disturb the socio-economic order. Therefore, we think that the statutory constitutive elements for commercial bribery must include the subjective intention of the operator to the “damage legitimate rights and interests of other operators and consumers or to disrupt the socio-economic order, and objective results of damages to the legitimate “causing rights and interests of other operators and consumers or disruption of the socio-economic order.” Sometimes, no contracts will be signed for benefits offered between operators. For example, manufacturers may provide dealers with promotion fees or promotion items, which the parties may mention in their annual contract, yet without specifying the amount or details.
prove that the employees offer or take bribes against the interests of the operator, or the employees offer bribes against the operator’s explicitly specified provisions using their own property, or the operator does not benefit from the employees’ act of offering or accepting bribes, then such act of the employees shall not be deemed as the act of the operator. industries. Therefore, we suggest clarifying in this Article the scope of “public service”, the act of bribery, and the personnel to whom the bribe is offered. In addition, for benefits that should not be gained, the wording of “unlawfully seeking” is more appropriate than “seeking”. Note 2: The legislative purpose of this Law is to protect the healthy development of the socialist market economy, encourage and protect fair competition, prohibit acts of unfair competition, and protect the legitimate rights and interests of operators and consumers. “Unfair competition” as mentioned in this Law refers to acts conducted by operators in violation of the provisions of this Law that will damage the legitimate rights and interests of other operators and disturb the socio-economic order. Therefore, we think that the statutory constitutive elements for commercial bribery must include the subjective intention of the operator to “damage the legitimate rights and interests of other operators and consumers or to disrupt the socio-economic order, and objective results of “causing damages to the legitimate rights and interests of other operators and consumers or disruption of the socio-economic order.” Sometimes, no contracts will be signed for benefits offered between operators. For example, manufacturers may provide dealers with promotion fees or promotion items, which the parties may mention in their annual contract, yet without specifying the amount or details.
EN%20Comments%20on%20the%20Anti-Unfair%20Competition%20Law%20(Revised%20Version%20for%20Review).docx