Study on the Criminal Regulation of Foreign Commercial Bribery by Chinese MNEs

Abstract: In the process of global economic integration, Chinese multinational enterprises (MNEs) have continued to expand their overseas operations, becoming significant players on the international commercial stage. However, the acceleration of their internationalization process has been accompanied by escalating issues of foreign-related commercial bribery, which erodes MNEs' reputation and interests and poses challenges to China's international image. This paper commences by delving into the recent status of China's criminal legal framework regulating foreign-related commercial bribery committed by MNEs, highlighting specific provisions in the Criminal Law of China as well as other pertinent regulations. Subsequently, the paper proceeds to pinpoint the shortcomings and deficiencies within the existing legal regulatory system, notably including issues such as jurisdictional evasion and ambiguous definitions of specific concepts like the scope of bribe recipients. Drawing extensively from international legislative experiences, including the United States' Foreign Corrupt Practices Act, the UK's Bribery Act, and the United Nations Convention against Corruption, this paper finally distills successful practices and offers valuable recommendations for enhancing China's legal system. The proposed measures encompass clarifying the definition of bribery acts, refining the scope of bribe recipients, and enriching sentencing factors. Moreover, the paper highlights the necessity of motivating corporate compliance through legal means, thereby curbing bribery at its source. This study provides research support for refining China's anti-overseas bribery legal framework, which in turn can bolster the credibility of Chinese MNEs in the international market, foster the growth of China's transnational commerce, and elevate China's international competitiveness.