国际仲裁中涉及贿赂的证明标准适用研究-国际法学专业论文.docxVIP

PAGE PAGE 3 Abstract Along with the economic development of the economic globalization, it has closer relationship among the countries. Transnational corporations have become the main force of the process of globalization. With the growth of international communication , the number of economic disputes increases. And bribery exists in the economic cooperation, which has a side effect on the healthy development of the economy. International arbitration system as one of ways of dispute solution plays a more important role in the solution of dispute. The dispute that the contracts involving bribery submitted to international arbitration tribunal increases gradually. Although the international society has formed the public policy of anti-bribery , especially the adoption of United Nations convention against corruption, in practice the arbitration tribunal takes higher standards of proof to deny the existence of bribery that leads to the contract involving bribery having an effect. It is difficult to answer that international arbitration tribunal takes higher standards of proof whether to be applicable or not. Although many scholars take research on the standards of proof , the study how to determine the standards of proof involving bribery is less, so under this condition it needs more scholars to make research. In addition to the introduction and conclusion, the article is divided into four major sections. The author uses comparative analysis, case analysis, the literature research methods and compares the standards of proof involving bribery of common law and civil law system. The international arbitration tribunal takes the higher standards of proof in the case involving bribery, through the process shows the attitude of the arbitration tribunal, which leads to the contract involving bribery with an effect. The results run counter to international public policy. Confronting with this condition China will take many kinds of measures to cope with the prob