Basic Features
1. The main body of the commercial bribery can be a operator, which can be the purchaser of the commodity, or the salesman of the commodity, can be a provider of business services or an acceptor of a business service. It can be a unit, or it can be a personal, both parties of the transaction can be a subject, and the main body has a wide range of
2. The purpose of commercial bribery is to strive for market transactions, that is, sell goods or purchase goods, providing business services or service services. This purpose distinguishes between commercial bribery behavior from other bribery. The purpose of other bribery behavior is not for the above purposes, but for other purposes
3. The commercial bribery has a person who has an impact on the transaction of the other party or the transaction, also includes the unit. Commercial bribery can be a foreign property or other benefit to the transaction, or it can be a property property or other benefit, and it is also possible to give other people's property or other benefits of the transaction.
4. The subject of commercial bribery behavior is subjectively intentionally, the main body of commercial bribery behavior does not have fault problems in subjective;
5. The means of commercial bribery include property or other means. The property means refers to the property directly, and other means refers to not directly gives the other party's property, but gives the opponent's interests, such as the right to travel, vacation, and the use of the supplies, free investigation.
Specific performance
According to "Anti-Unfair Competition Law" and related regulations, the following acts belong to commercial bribery: operators provide business services for sale or purchase of goods or accept operations Sexual service, using property bribery other units or individual behaviors; operators for commercial bribery behavior in other means for the above purposes. Other means, according to the "Interim Provisions" of the State Administration for Industry and Commerce, refers to commercial bribery behaviors that provide other benefits other than holiday in various names at home and abroad. Operators' employees adopt commercial bribery means for operators sell goods or purchase goods; units or individuals receive or request bribes when they sell or purchase goods; the behavior of bribery is given to the other unit or personal rebate; Or individuals in the account are secretly accepting a rebate; the operator gives the other party or personal discounts in the account; the discount is not as good as the active account; the operator pays the other commission does not expressly, and the act of the act, the other unit or Personal acceptance of commissions is not as practical, and operators are illegal to come to the other party or individuals in commodity transactions; other commercial bribery behavior.
Related Differences
Commercial bribery and rebate
rebate refers to a certain unit or other manner with a cash, physical or other means when the operator sells goods. Proportional commercial price. As a buckle, it is a paid by the operator, which is refunded from the price from the price of the goods, which includes both cash, including physical, and other forms. The purpose of the operator pays back is to sell goods or purchase goods.
The author believes that the rebate is not necessarily illegal, illegal rebate, which constitutes a rebate that is unfair competition behavior is just "outside the account" to a rebate or accepting a rebate, expressing the rebate of the truth Not illegal, of course, is not unfair competition. Therefore, it is a boundary of the payment or secretly payment or acceptance of a rebate is a limit to legal or illegal, justified competition behavior and unfair competition.
Commercial bribery and discount
discount refers to the operator to give each other's price concessions in order to sell goods or purchase goods. Discounts only happen between the operators between the transactions, and does not happen between the agent, between the operators, and there is no difference between the other subjects, which is one of the important differences between discounts and rebates and commissions. my country's "Anti-Unfair Competition Law" stipulates that the two parties of the transaction will be given to the other party in a manner that it will be made. This shows that the legitimate competitive behavior is to give the other party in the way. This behavior is also legal behavior, and the operator who accepts discounts should also be implemented. Unfair competition behavior means that the operator will give the other party discounts, and the operators who accept discounts have not been implemented.
Commercial bribery and commission
commission refers to the labor compensation of the operators who have legal operators who have legitimate operators in the market trading. The commission is to pay the laboretale payment of the middleman, because the middleman has paid labor services to promote the transaction, the commission can be paid, or the two parties are paid, and the commission can only be a middleman, rather than the transaction, nor the agent of the transaction, the agent, After the man, this is an important difference between commissions and rebates and discounts. The commission can be a unit, or it can be an individual. The author believes that the payment of the commission should be promising, and if you pay, accept the commission, you must pay the commission, if you do not express your account, it is unfair to compete, it is not as good as the commission, and it is also an unfair competition.
Commercial bribery and commentary
For the accompanying behavior, my country's "anti-unfair competition law" did not provisions, but in practice, the accompanying behavior often appeared. If this behavior is not limited, it may become unfair competition. Many countries have restricted regulations on their accompanying behavior. If they have excessive, they are unfair competition. The State Administration for Industry and Commerce provides allowing a small amount of small gifts in accordance with commercial management as a promotional means that meets business practices in accordance with commercial management, but the amount cannot be too much.
The accompanying behavior
In the market economy competition, enterprises will adopt a variety of market promotion and promotion methods in order to achieve better economic benefits. One of the promotion techniques used. So, is there a legal? When enterprises in conduct market behavior, they should pay attention to the limits of legal competition and violations to avoid underared economic losses.
1. To correctly distinguish the boundaries of the legitimate promotional behavior and unfair competition, you must understand the legal characteristics of the accompanying behavior.
1. The so-called commence means that in commercial transactions, the operators come to the other unit or individual, freely gave a certain number of cash and physical behavior.
2. There are two legal relationships in the accompanying behavior, one is the transaction relationship, one is the gift and relationship. Trading relationship is the main relationship, gift and relationship is the relationship. The purpose of the gift is to make the main transaction more tempting to achieve transactions.
3. The subject of the accompanying behavior is the operator and its trading object, ie the customer. The customer is divided into two categories of other operators and ordinary consumers. Therefore, according to the nature of the trading object, the commentary is divided into two kinds of comments and operators of the operator to the other operators.
4. The accompanying behavior is disclosed. With the conditions of commercial transactions, the gift is provided to unspecified all transactions, as long as the operator reached a transaction, the operator will give any transaction objects openly. The accompanying behavior is more diverse. The given gift can be the same product as the shopping item, or it can be a product. For example, we have "buy ten get one free" in our daily lives or buy microwave furnace to send rice, buy vacuum cook kitchen utensils. The operator will make different comments based on the characteristics of the goods.
Second, the definition of the definition of commercial bribery with unfair competition.
1. The nature of the accompanying behavior can be determined by the body of the business transaction. "The second paragraph of" Article 2 of the Anti-Unfair Competition Law "" The unfair competition "known in this Law refers to the behavior of the operator violates the provisions of this Law, harming other operators, and disrupting the social and economic order." Article 8 of the State Administration of Industry and Commerce is stipulated that the operator shall not bring cash or items to the other party or their individuals in commodity transactions. Therefore, the subject of implementing the accompanying behavior should be the operator, non-operator's behavior does not constitute an attached gift.
2. According to the relevant provisions of the State Administration for Industry and Commerce, the provision of the provisional provisions of commercial bribery, the law only conducts a norm to the comments between the operators, and the accompanying the operator's attachment to ordinary consumers, there is no legal limits. Therefore, if the object of the accompanying behavior is also a operator, it constitutes a commercial bribery. If you have a regular consumer, it does not constitute a commercial bribery.
3. Giving a small advertising gift is a business practice and is legal. According to the "Interim Provisions on the Prohibition of Completion of Commercial Bribery), the National Industry Bribery is provided, and the small advertising gifts in accordance with commercial practices are not considered commercial bribery. The main difference between the gift and the attached gifts is that the gift of small advertising gifts is advertising behavior. It is the purpose of publicity products; and the attached gift is substantially the operator to sell or purchase goods, the property is lure to the other unit or Personal unfair competition behavior.
4. Attachments or spare parts for the goods during the transaction process are not included. This is because the accessories or spare parts of the goods are for commercial equipment maintenance, and their purpose is to improve the performance of goods, not to let the lure, not part of unfair competition.
5. It is worth noting that in my country's current market economy, some operators have not obtained legitimate business qualifications, but considerable unfair competition cases often occur in these illegal business. "The" Second, "Second, the" Anti-Unfair Competition Law "," The operators mentioned in this Law refer to the legal persons engaged in goods or profitable services, "means that although illegal operations are not Legal registration registration, as long as it actually engages in commodity management and profitable services, whether legal persons, other economic organizations are still individuals. And illegal business behavior must affect the normal commercial trading opportunities of legal operators, which is an unfair competition for legal operators. Therefore, as long as the unlicensed illegal operators are objectively implemented, they are bound by the "anti-unfair competition law" and should be punished.
three, the legal consequences of the accompanying behavior.
The National Administration for Industry and Commerce has not directly stipulated the legal consequences to be taken directly, but it is clearly stipulated that the attached gift is considered commercial bribery behavior. Competitive behavior, so the accompanying behavior should apply to the relevant provisions of the Anti-Unfair Competition Law.
According to Article 3 of the Anti-Unfair Competition Law, the industrial and commercial administration authority is the main supervision and management authority of unfair competition, and has the right to punish the accompanying behavior. The industrial and commercial administrative organ has the right to make the following administrative punishments in violation of the operators of the above law:
1) According to the circumstances of RMB 10,000 to 20,000;
2) Confiscation of illegal income.
Reference: Legal Network Guangdong Province Foreign Economic Trade Development Research Institute