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严重的商业贿赂行为会造成市场经济有效竞争这一核心价值的缺失和诚实守信这一正当商业道德的沦丧,最终会对市场经济产生巨大的负面作用。多年来,工商部门依据《反不正当竞争法》对商业贿赂等破坏市场竞争秩序的违法行为进行了积极监管,发挥了不可或缺的作用。不久前,国务院下发了《国务院关于促进市场公平竞争维护市场正常秩序的若干意见》(国发[2014]20号),要求各地、各部门对包括查处商业贿赂在内的多种不正当竞争行为提出明确的要求。但由于商业贿赂案件自身的特点,决定了在对一些疑难重大案件认定的过程中分歧较大,有些甚至无法形成统一认识,直接导致了执法效能的降低和执法风
Serious commercial bribery will result in the absence of the core value of effective competition in market economy and the loss of honest business ethics, which will ultimately have a huge negative impact on the market economy. Over the years, the business sector has played an indispensable role in actively monitoring the illegal activities that undermine the market competition order, such as commercial bribery, according to the Anti-Unfair Competition Law. Not long ago, the State Council issued the “Opinions of the State Council on Promoting Fair Competition in the Market and Maintaining a Fair Order in the Market” (GF [2014] No.20), requiring all localities and departments to conduct various kinds of unfair competition including investigation of commercial bribery Behavior made clear requirements. However, due to the characteristics of commercial bribery cases, it is decided that there are big differences in the identification of some difficult major cases and some may not even form a unified understanding, which directly leads to the reduction of law enforcement effectiveness and the enforcement of the law