On The Conversion Of China's Anti-corruption Pattern

With the reform and fast development of China's economy, corruption presents a sudden rising trend. Corruption at present is different from the traditional. Since long, in view of the diversification and confidentiality of corruption, China has been adopting different methods to fight against corruption, general speaking, in three methods:a pure administrative method, a judicial method, and a combination of administrative and judicial method. Meanwhile, China has made obvious progress in certain scope and region. But China's anti-corruption has not realized normalization, systematization or standardization, nor a consensus with China's governing by law policy. At the same time China's anti-corruption system has encountered questions from related parties.Regarding the anti-corruption pattern, some scholars have made some tentative plans, but few have made thorough systematic research. The author realizes the complexity and difficulty of anti-corruption after research of theories and practices on anti-corruption in recent years. This article launches a comprehensive study on China's anti-corruption pattern with theory analytic method, historical method, comparison analytic method, political ecology research technique as well as the real diagnosis analytic method. This article, starting from the basic theory of anti-corruption pattern, proposes a new approach for the shift and construction of our country's anti-corruption pattern.The thesis is arranged as follows:The Introductory illustrates the value and significance, motive and purpose of a research on the pattern shift in anti-corruption, and proposes the paper's research direction, the subject content as well as some initiative viewpoints, and makes essential upholstery for the research.Chapter one:General analysis on the theory of anti-corruption pattern. This chapter analyzes the anti-corruption pattern, including its concept, basic elements pattern shift and so on, in order to lay a solid foundation for the study of the shift of anti-corruption pattern. This chapter defines the "anti-corruption pattern" as "a structure of interdependent and interactive factors in the process of anti-corruption, such as guiding, regulating and supervising." This systematic, dynamic, and feasible pattern contains four aspects, namely the main mode, the behavior mode, the responsibility mode, and the formal mode. The author points out that there are four types of anti-corruption pattern:political, organizational, systematic and legal. The author holds the anti-corruption pattern has two essential aspects, hardware and software. The hardware includes the main anti-corruption agency, regulations, and mechanism. The software includes the moral restriction, government by law, and social control measure. In the foundation of above theoretical analysis, the author analyzes the intrinsic drive and the development of the shift of China's anti-corruption pattern.Chapter two:counter-corruption theory and practice in major countries in the world. The author carries on a more comprehensive research on the anti-corruption pattern in America, Sweden, Singapore as well as Hong Kong SAR, its pattern, the operational mechanism as well as the effect. Consequently, the enlightenment to China's anti-corruption pattern is illustrated from the following aspects:independent agency, legalization, scientific mechanism, the content tends to transparent content, social supervization the belief of government by law.Chapter three:traditional anti-corruption pattern and its limitations in China. This chapter elaborates "political anti-corruption pattern", "organizational anti-corruption pattern", and "symmetric anti-corruption pattern" in China, which have been discussed from three aspects, its history and practice, pattern choice, and its limitation. The first mainly talks about the historical origin, practice, and the practical significance; the second mainly talks about the rationality of the choice of the responding pattern at that time; the third points out the limitations and flaws in each pattern. With an analysis of each pattern and its achievements as well as its flaws, the author expects to provide a theoretical and practical basis for the shift of China's anti-corruption pattern.Chapter four:The establishment and development of the legal anti-corruption pattern. The author elaborates the necessity to choose the legal anti-corruption pattern on the foundation of China's construction of government by law. Then, the author analyzes the substantial and formal value of the legal anti-corruption pattern, and points out that the pattern includes four factors, namely legal concepts, legal system, organization, and legal order. Furthermore, the author demonstrates the theoretical and practical basis for China to build a legal anti-corruption patter. Under this premise, the author indicates the insufficiency of China's legal anti-corruption pattern at present, such as the incompatibility of the administrative system and the legal anti-corruption pattern, the insufficiency of supporting mechanism, legal system and legal concept..Chapter five:The shift from traditional anti-corruption pattern to modern anti-corruption pattern. The author holds that there are four aspects in the shift from the traditional anti-corruption pattern to the legal anti-corruption pattern. In the aspect of anti-corruption agency, China should build up professional, independent legal agency,; In the aspect of anti-corruption actions, China should take preventive actions as well as punitive actions according to law and responsibility; In the aspect of procedure, China should attach equal importance to substantial law and open, normative procedures; In the aspect of anti-corruption mechanism, China should realize the transformation from the parallel to interactive mechanism, from one-way penalty mechanism to the two-way systematic mechanism.Chapter six:The new passage for China to improve the legal anti-corruption pattern. This chapter proposes a general idea and detailed blueprint of the improvement of China's legal anti-corruption pattern. The general idea is to realize the shift from the government by power and person to the government by law, from a facile solution to addressing both the symptoms and the causes, from the sole management to the interactive management, from sporadic management to unified management. Then the author proposes two new passages for China to improve the legal anti-corruption pattern:Firstly, China should improve the legal system on anti-corruption by improving law-making process, improve the legal concept of anti-corruption agency, public servants, and the whole society, and uphold the authority of law by stipulating anti-corruption agency's rights and responsibility as well as the supervision. Secondly, China should make a scientific operational mechanism for legal anti-corruption pattern. Firstly, China should strengthen the unification of its legal anti-corruption pattern by integrating the agencies and patterns; secondly, China should construct a scientific anti-corruption mechanism by improving the CPC, the administrative, and the judicial institutions'functions. Thirdly, China should realize the interaction of legal pattern and other patterns, with the former as the most important and last resort to fight corrupting and the latter as a compensatory method to the former.Chapter seven:Conclusion. This chapter is a summary of the paper. The author summarizes the formation, the shift and trend of development of China's anti-corruption pattern from three aspects.