Anti-commercial bribery law

Legal analysis: No unit or individual may accept or ask for bribes when selling or buying goods. Article 5 Whoever secretly gives kickbacks to the other unit or individual outside the account shall be punished as bribery; Other units or individuals who secretly accept kickbacks outside the account shall be punished as accepting bribes. The term "kickback" as mentioned in these Provisions refers to a certain proportion of the price of the goods that the business operator secretly returns to the other unit or individual in cash, in kind or by other means. Off-balance-sheet confidentiality as mentioned in these Provisions refers to the situation that is not clearly and truthfully recorded in the financial accounts established in accordance with the provisions of the financial accounting system, including not being recorded in the financial accounts, being transferred to other financial accounts or making false accounts.

Legal basis: People's Republic of China (PRC) Anti-Commercial Bribery Law.

Article 1 In order to stop commercial bribery and maintain fair competition order, these Provisions are formulated in accordance with the relevant provisions of the Anti-Unfair Competition Law of People's Republic of China (PRC) (hereinafter referred to as the Anti-Unfair Competition Law).

Article 2 Business operators shall not violate the provisions of Article 8 of the Anti-Unfair Competition Law by using commercial bribery to sell or buy commodities. The term "commercial bribery" as mentioned in these Provisions refers to the act of bribing the other unit or individual with property or other means for the purpose of selling or buying goods. The property mentioned in the preceding paragraph refers to cash and kind, including property paid by business operators to other units or individuals in the name of promotion fees, publicity fees, sponsorship fees, research fees, service fees, consulting fees and commissions. , or in the form of reimbursement of various expenses.

The term "other means" as mentioned in the second paragraph refers to the means of providing benefits other than property in various names at home and abroad.

Article 3 The behavior of business operators' staff who use commercial bribery to sell or buy commodities for business operators shall be recognized as business operators' behavior.