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Home > School of Law > Law School Journals > ILJ > Vol. 21 > Iss. 1 (2019)

 

San Diego International Law Journal

Authors

Yu Chen

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Article

Abstract

In recent decades, the United States Department of Justice (DOJ) has greatly improved its enforcement of the U.S. Foreign Corrupt Practices Act (FCPA). Some of these FCPA enforcement cases involve China. Given China’s prominence as a center of global business, this trend is likely to increase in the foreseeable future.

Section I of this Article briefly reviews the provisions of the FCPA, and recent FCPA enforcement in China. Section II discusses China’s anti- bribery law regime, anti-bribery provisions and agencies enforcing bribery and corruption. Section III focuses on an analysis of FCPA cases involving China, in addition to describing the business culture and the economic system in China. The differences between China’s anti-bribery laws and the FCPA explain the existence for a wide array of potential FCPA violations. Section IV recommends that China make widespread changes by establishing clear rules, publishing anti-bribery practice guides, and by building up international cooperation with other countries.

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