Evidence-based regulation is a term of art that refers to the process of making decisions about regulation based on evidence generated through systematic research. There is increasing pressure to treat evidence-based regulation as a global best practice, including in the area of anti-bribery law. Too little attention has been paid to the fact that under certain conditions evidence-based regulation is likely to be a less appealing method of decision making than the alternative – namely, relying on judgment. Those conditions are: it is difficult to collect data on either interventions or outcomes; accurate causal inferences are difficult to draw; there is little warrant for believing that the same causal relationships will apply in a new context; or the decision makers in question lack the capacity to undertake one of these tasks. These conditions are likely to be present in complex, transnational, decentralized, and dynamic forms of business regulation such as the global anti-bribery regime.

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循证反贿赂法的局限性

循证监管是一个艺术术语，是指根据系统研究产生的证据做出监管决策的过程。将循证监管视为全球最佳实践的压力越来越大，包括在反贿赂法领域。很少有人注意到这样一个事实，即在某些情况下，以证据为基础的监管可能是一种比其他替代方法（即依靠判断）更不吸引人的决策方法。这些条件是：难以收集有关干预措施或结果的数据；很难得出准确的因果推论；几乎没有理由相信相同的因果关系将适用于新的环境；或者有关决策者缺乏执行其中一项任务的能力。