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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
38
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.
Other ways to reform enforcement include the following EXCEPT_______.
选项
A、settling more bribery cases in court
B、enhancing related laws and coordination
C、greatly increasing penalties to companies
D、granting companies a compliance defense
答案
C
解析
文章作者建议的第二项改革措施是lower costs by harmonizing anti-bribery laws and improving co-ordination(使反腐法律一致并加强协调),第三项措施是more cases should go to court(由法院裁决),最后一项是offer companies a“compliance defense”(为自己辩护的机会)…the penalties should be greatly reduced。
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研究生英语学位课统考(GET)
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