Direct answer

When kickbacks cross into Criminal Law, you are past a SAMR fine memo — PSB/procuratorate procedure takes over.

Commercial bribery sits in two stacks: Anti-Unfair Competition Law administrative enforcement and Criminal Law offences (including bribery involving non-state staff in covered settings, and official bribery when public officials are involved). Amount, recipient type and purpose drive which stack. Compliance gifts pages and AUCL wiki remain the prevention/administrative related pages. This page is the criminal overlay for the expansion map. Dawn-raid and internal-investigation pages are how companies experience the file before charges.

The classification screen

4 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

01

Official or commercial counterparty?

Article family.

Who
02

AUCL file or criminal file?

Which agency.

Stack
03

Third-party pass-through?

Distributor DD overlay.

Third
04

Internal hold underway?

Investigations cluster.

Hold

Working rule: Map the regulated role before marketing or launch in China.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal
Ask the operating question
Why it changes the route
Only FCPA memo
Missing PRC criminal articles.
Gap.
Rewrite AUCL basics here
Wrong cluster twin.
Link basics.
Cash ‘activity fund’ still running
Ongoing exposure.
Stop.
Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01Payment and gift trailWho got what.
02Recipient statusOfficial vs commercial.
03Tender/approval timelinePurpose.
Common confusions

Questions people ask before they build.

Short answers for orientation. The right result can change with the service model and current rules.

Is AUCL bribery automatically a crime?

No. Criminal Law has its own elements and thresholds. Many matters stay administrative.

Where is the AUCL statute wiki?

Anti unfair competition law bribery rules and /china-aml-anti-bribery-basics.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.