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In recent years, lots of big economies have followed America’s lead in tightening anti-bribery enforcement. It is right that bri
In recent years, lots of big economies have followed America’s lead in tightening anti-bribery enforcement. It is right that bri
admin
2016-11-09
36
问题
In recent years, lots of big economies have followed America’s lead in tightening anti-bribery enforcement. It is right that bribery should be punished. The economic effects of illegal profits are startling. Bribery distorts competition and diverts national resources into dishonest officials’ offshore accounts. But the cost and complexity of investigations are spiraling beyond what is reasonable, fed by a hungry "compliance industry" of lawyers who have never seen a local bribery issue that did not call for an exhaustive global review, and by competing prosecutors, who increasingly run overlapping probes in different countries.
To stop a descent into investigative madness, enforcement needs to be reformed in four ways. First, regulators should rein in the excesses of the compliance industry and take into account the cost to firms of sprawling investigations. When firms admit to having uncovered bribery among their managers, regulators expect them to investigate themselves. The authorities should tell them what level of investigation they want so that companies
are not overzealous out of fear of seeming evasive
. This is slowly starting to happen, with officials telling firms they should not "aimlessly boil the ocean."
Second, governments should lower costs by harmonizing anti-bribery laws and improving co-ordination between national probes. The OECD, whose anti-bribery convention has gained wide acceptance, is the natural body to lead this effort.
Third, more cases should go to court. Too often, prosecutors force firms to agree to settlements based on controversial legal theories. Taking such matters to court would have the advantage of establishing clear precedents. When firms are reluctant to go to trial, because they are worried about the financial costs of a criminal charge, the terms of settlements should at least undergo more judicial scrutiny.
Lastly, anti-bribery laws should be amended to offer companies a "compliance defense." If firms can show that they had sound anti-bribery policies, that they were making reasonable efforts to uphold them, that the wrongdoing did not involve senior managers and that they came forward to the authorities promptly, the penalties should be greatly reduced.
Corrosive as bribery is, the response must be proportionate. Investigations that drag on are a waste of management and public resources. The starting-point for up to half of all cases is a firm’s voluntary disclosure, but if costs continue to rise then firms may be more tempted to bury their bad news. Anti-corruption campaigners would have nothing to cheer if the cure ended up being more harmful than the disease.
This passage is intended to highlight the fact that________.
选项
A、it is extremely difficult to combat commercial bribery
B、the system for handling bribery is becoming ridiculous
C、there is no point investigating any allegations of bribery
D、bribery has been effectively controlled in the United States
答案
B
解析
文章既没有声称不必要打击行贿,也没有证实美国已经有效解决行贿问题,也没有提到商业贿赂。既然是献计献策,就说明问题存在。问题的根源就是体制不合理。
转载请注明原文地址:https://kaotiyun.com/show/AFHO777K
0
研究生英语学位课统考(GET)
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