DOES CHINA NEED AN ANTI-FOREIGN BRIBERY STATUTE? SOME LESSONS FROM THE FCPA OF US

Abstract

Globalization has been accompanied by the spreading of bribing foreign officials. In order to curb the transnational corruption, the US has pioneered the anti-foreign bribery through enacting the 1977 Foreign Corrupt Practice Act (FCPA), which also stimulated the formulation of international anti-corruption agreements. Even though the 8th Amendment of China’s Criminal Law contains a concise provision on sanctioning bribing foreign officials, however, China still does not have a comprehensive anti-foreign bribery legal mechanism. As the second largest economy of the world, China seems inevitably to have its own anti-foreign corruption statute. This article aims to use the U.S. FCPA as an analytical subject to discuss whether or not China has the necessity of enacting its own statute of foreign corruption prevention. The issues such as extraterritorial jurisdiction and compliance burden should also be considered in the enactment of China’s possible anti-foreign bribery law.

Keywords

anti-foreign corruption in China / FCPA / extraterritorial jurisdiction / compliance burden

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Higher Education Press