Abstract Economic globalization has connected different countries in their rule of law . Corruption has likewise exceeded the boundary of a country ,and taken on a global nature . Anti-corruption is intertwined with multiple concerns such as economic ,political and cultural issues and finds no easy and simple solution . The prisoner,s dilemma further explains the difficulty in the coordinated action between countries .Following the approach of incrementalism , the Foreign Corrupt Practices Act (FCPA ) of the United States has initiated the global governance in anti-corruption efforts . China,s integration into the globalization process has brought it into closer relation with global governance . FCPA exerts its impact not only by exercising jurisdiction over foreign private issuers and non-resident enterprises in the U .S .,but also by expanding its jurisdiction as proposed by the theory of proxy and conspiracy .This has significant impact on the Chinese government and Chinese enterprises . Through empirical deconstruction of a series of cases related to TSKJ ,we can clearly see that with the development of the U .S .judicial practice ,FCPA has been moving beyond traditional territorial jurisdiction and personal jurisdiction ,which may cause conflicts over jurisdiction .In view of this ,it is imperative to reflect on how to solve the conflicts and coordinate the sovereignty issues between countries to finally facilitate the efforts in tackling corruption . In essence ,preventing international corruption requires collective action .The difficulty in taking collective action and the prisoner,s dilemma show that in the complex international economic and political context ,it is very difficult to form a universally effective and coercive international convention in fighting against transnational bribery .The failure to directly reach an international anti-corruption agreement makes incrementalism a second-best but workable choice , and the unilateral measures of each country become the key to promoting incrementalism .In spite of the challenges that the expanding jurisdiction of FCPA has posed to the other countries, sovereignty ,FCPA has provided a new approach to fighting resolutely and powerfully against global corruption by making up for the current lack of an effective agreement of the international community to crack down on any firm that bribes foreign officials . With the incrementalist approach ,FCPA has become a stepping stone ,easing the way to its ultimate goal by directing anti-corruption efforts towards global governance . Faced with FCPA,s growing expansion of overseas jurisdiction and its increasing international recognition , China should actively construct effective regulatory mechanisms , improve its relevant legislations , strengthen the implementation of effective regulations on commercial activities (in particular ,China needs to strengthen the punishment on the foreign companies, bribery in China as well as on the Chinese companies, bribery overseas) ,and actively participate in transnational cooperation in fighting against corruption to better protect China,s sovereignty and interests , and to contribute to the development of global governance and international rule of law .Chinese enterprises should also react positively in order not to get involved in FCPA jurisdiction ,and in this way to realize further development globally .
|