I.Background
On February 25th, 2016, the Legislative Affairs Office of the State Council promulgated the Notice of the Legislative Affairs Office of the State Council on Promulgation of the "Law of the People's Republic of China Against Unfair Competition (Revised Draft for Review) for Solicitation of Public Comments and released the full text of Law of the People's Republic of China Against Unfair Competition (hereinafter referred to as the "Draft for Review") for public comments until March 25th, 2016.
Since the implementation of the Law of the People's Republic of China against Unfair Competition (hereinafter referred to as the "Law against Unfair Competition") in 1993, there has been no amendment until now. In view of the implementation of the Law against Unfair Competition, there has been a great increase in the pace of market-oriented development of the economy in China as well as extensive and profound changes in the extent of market competition. The current Law against Unfair Competition can no longer meet the need of economic development. Therefore, the revision of the Law Against Unfair Competition was in place, listed as the preparatory project of the legislation plan of the Standing Committee of the 12th National People's Congress, the research project of the legislative work plan of the State Council in 2014, the preparatory plan of the legislative work in 2015 and eventually was determined that the State Administration for Industry & Commerce shall be responsible for the revision of this law.
In 2014, the State Administration for Industry and Commerce formed eight research groups, including university experts, legal practitioners, and regional Industrial and Commercial Bureaus. They discussed in depth vital issues during the revision of the law and held several seminars and symposia concerning the revision work. By taking into comprehensive consideration the opinions from all sectors, they revised the current Law against Unfair Competition and ultimately formed this Draft for Review.
The Draft for Review has changed tremendously compared to the current Law against Unfair Competition. Shimin Law Offices participated in the legislative research and discussions concerning the revision of provisions related to commercial bribery. Based on this experience and our practice in actual commercial bribery cases, the following is our analysis on the changes in the commercial bribery provisions of the Draft for Review.
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