We need to know exactly what commercial bribery is before we can
stamp it out, says a signed article in Dazhong Daily. An
excerpt follows:
The central government has listed commercial bribery as the
focal point of its anti-corruption campaign for 2006.
During the just-concluded sessions of the National People's
Congress and the Chinese People's Political Consultative
Conference, commercial bribery was a hot topic for participating
deputies and members.
There are reasons to expect certain achievements to be made
during the coming round of anti-bribery battles.
However, no instant results are in sight given the current legal
and market conditions.
In a recent interview with the media, Auditor-General Li Jinhua
said it was still difficult to explicitly define commercial
bribery, and further studies need to be made to differentiate it
from a normal kickback.
As early as in 1993, the country included an anti-commercial
bribery clause into its anti-unfair competition law.
Three years later, the State Administration of Industry and
Commerce promulgated a regulation banning commercial bribery
activities.
However, the two stopped short of an explicit definition of the
behavior. Its ambiguity will inevitably create obstacles to
relevant departments in their enforcement.
Besides, the two legal documents give several state departments
the power to investigate and punish commercial bribery activities,
leaving possibilities for them to mutually evade
responsibilities.
As a kind of corruption in the commercial field, commercial
bribery is often closely related with corruption of officialdom. It
in particular runs rampant in State or monopoly sectors.
To counter commercial bribery, market action is not enough: The
relations between government departments and the market should be
regulated.
Also, public supervision should be introduced to reduce power
and money transactions.
(China Daily March 17, 2006)