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1、1970 单词， 10500英文字符， 3300汉字 第一篇 The Bribery Act 2010 guidance to corporations Peter Alldridge To cite this article: Peter Alldridge (2012) The Bribery Act 2010 guidance to corporations, Law and Financial Markets Review, 6:2, 140-144 An issue that is general to all areas of legal discourse is: how muc

2、h guidance need the law give to its subjects as to how they should behave in order to avoid falling foul of it? At its most basic the doctrine of the rule of law states that it is expressed with sufficient precision and clarity when a person is able to order his/her affairs according to accurate pre

3、dictions of the consequences. In criminal law, this is expressed by the maxim nulla poena sine lege. There is a debatable issue, not directly in point here, as to whether this doctrine applies equally to procedural and evidential requirements.10 Other areas of law have developed, whether by courts o

4、r legislation, anti-avoidance mechanisms, for instance to strike down shams, or otherwise to look to the substance and not the form of transactions, to look at the commercial reality, or to deploy doctrines of abuse of rights,11 based on considerations of good or bad faith or otherwise.12 English cr

5、iminal law has only recently (and very dubiously) embraced the doctrine that ordering ones behaviour so as best to avoid liability can itself be regarded as criminal.13 It is hoped that this is an aberration Despite the redolence of the criminal codes of Stalin and Hitler,14 there is still in ordina

6、ry speech and in the law reports a body of pejorative references to persons who do order their conduct by reference to the rules, so as to avoid adverse consequence playing the system, looking for loopholes, shams, compliance with the letter and not the spirit,15 sailing close to the wind. There remains the question, expressed by Lord Morris, whether those who skate on thin ice can hardly expect to find a sign which will denote the precise spot where he sic will fall i