商业贿赂行为是不正当竞争行为的一种。竞争是市场经济的产物,是市场经济最基本的运行机制,没有竞争就无法实现资源的合理配置,故市场经济是竞争经济。然而,市场本身并不能保证竞争的自由和公平,所以会伴随着不正当竞争行为的出现,商业贿赂行为亦如此。商业贿赂行为扰乱了市场经济秩序,破坏了公平竞争环境,桎梏了市场健康发展。但目前我国法律和行政规章在商业贿赂的立法规范上存在缺失和局限,需要重新审视并作出相应的调整。 Commercial bribery is a kind of unfair competition. Competition is the product of the market economy and the most basic operating mechanism of the market economy. Without such competition, the rational allocation of resources can not be realized. Therefore, the market economy is a competitive economy. However, the market itself can not guarantee the freedom and fairness of competition, so it is accompanied by the emergence of acts of unfair competition, as is the case of commercial bribery. Commercial bribery disrupts the order of the market economy, undermines the environment for fair competition and eases the healthy development of the market. However, at present, the laws and administrative regulations of our country are lacking and limited in the legislative norms of commercial bribery and need to be re-examined and adjusted accordingly.