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在日常生活中,“贿赂”一词往往被作为一种腐败现象而与犯罪、违纪联系到一起,常常认为查处贿赂行为是检查、纪委或监察机关的职责,对商业贿赂比较陌生。其实,商业贿赂是贿赂的一种形式,但又不同于其他贿赂形式。《反不正当竞争法》是从反不正当竞争角度规定商业贿赂的,即商业贿赂行为首先是一种不正当竞争行为。本问拟从商业贿赂的概念和特征入手,对商业贿赂的主要表现形式进行了探讨。
In daily life, the term “bribe” is often associated with crime and discipline as a corrupt phenomenon. It is often thought that the investigation of bribery is the responsibility of inspecting, discipline inspection and supervision organs or supervisory organs, and is unfamiliar with commercial bribery. In fact, commercial bribery is a form of bribery, but it is different from other forms of bribery. The Anti-Unfair Competition Law stipulates commercial bribery from the perspective of anti-unfair competition, that is, commercial bribery is first and foremost an unfair competition. This question will start from the concept and characteristics of commercial bribery, the main manifestations of commercial bribery were discussed.