| In a time when corruption has posed threat to the political stability and sustainable development of a country and is not a partial problem any more but a trans-national phenomenon impacting all social and economic sectors of the country, theoretical and practical progress against corruption has become a great issue which concerns the prosperity and decline of a country. In this paper, the author selected this subject at the time of promulgation and implementation of UN Convention Against Corruption to probe into this issue. This paper has discussed stipulations of UN Convention Against Corruption regarding corruption crimes and relevant procedures, stressed comparisons with current legislation in criminal procedures of China and highlighted the distinct features of UN Convention Against corruption. The purpose of this paper is to find out comparative differences between UN Convention Against corruption and current legal system of China and to provide some inspirations to select relevant breaking points which are consistent with UN Convention Against Corruption in reforming criminal procedure legislation.There are ten chapters in total and the whole paper is standing on the perspective of the harmony between Chinese criminal proceedings and UN Convention Against Corruption. The structure of sub-topics are adopted to discuss the mechanism design on reforms and improvements of the criminal proceedings with the purpose of mingling anti-corruption endeavor into the legal system of China and integrating the endeavor with international mainstream.Chapter 1 mainly introduces the background, value and content of UN Convention Against Corruption. The purpose is to deeply explore its conceptions, background and intrinsic significance beneath the words based on general understandings of UN Convention against Corruption and to naturally introduce discussions in the following chapters.In accordance with the structure of UN Convention Against Corruption, the chapter 2 discusses the prevention of corruption. The UN Convention Against Corruption states its purpose as "to promote and strengthen measures to prevent and combat corruption more efficiently and effectively. Based on this purpose, the featured parallel structure ofprevention and punishment of corruption is main frame of this paper. The paper starts from the actual practices of China, depicts the legal principles of anti-corruption policy and emphasizes the importance of consistence between anti-corruption rules and policies of the Communist Party and law of the country. It also discusses the dialectical relation between general prevention and special prevention for the prevention of corruption crimes in the design of criminal procedure legislation and makes proposals and proof to add the prevention of corruption crimes to criminal procedure legislation.The stipulations for special investigation method in combating corruption crimes in UN Convention Against corruption are extension and expansion of the power of investigation organs against corruption crimes endowed by U.N. Convention against Transnational Organized Crime. The current legislation of China is obviously backward and great efforts should be made to update the current legislation, to improve special investigation methods and law-making on enforcement measures on the property and to re-define the accused subject in corruption crimes. Those contents above are in Chapter 3 and 4.UN Convention Against Corruption is the recognition and integration of law spirits in each country and region and provides various helpful procedural mechanisms to punish corruption crimes. When researching on the design of frameworks in procedural system syatem in detail, the author proposes three different frameworks: to initiate civil proceedings alone on the cause of corruption crimes;to claim compensations for damages in the proceeding on the cause of corruption crimes;to initiate joint proceedings pointing to corruption crimes. Those are the contents of Chapter 5.To prevent the circumstances in society where the proceedings are unduly delayed and the corrupted officials at large are difficult to be punished by law for the reasons that one party does not actively answer in the action and negatively avoids trial, the author puts forward the conception of the mechanism of trial with the absence of the accused. The establishment of the mechanism reflects a process of deducted objective authenticity achieved through trial with the absence of the accused in law. Although there are some drawbacks in this mechanism, the mechanism is the balance between the values of punishing the crimes and protecting the human rights and is also the fundamental conceptions which UN Convention Against corruption pursue.With regard to legislation on evidence in corruption crimes, on the basis of the value that the law provision should be helpful to combat corruption crimes and anti-corruption policy of effective coordination, UN Convention Against corruptionwidely provide for assumption, exemption of the witness's responsibility, witness protection, proof criterion and other aspects in corruption crimes. In China many aspects should be improved and even many vacuums should be filled in. In the discussions regarding the issues above in Chapter 7, the author analyzes and proves in many perspectives such as chess contest theory and mathematical modeling, which makes the design of the mechanisms more reasonable.The establishment and implementation of the mechanism of property replevy and return is helpful for each country to replevy and dispose the property which are moved overseas before the accused is held responsibility or after the accused is convicted through other people from the accused of corruption who is convicted guilty by the domestic law-enforcement organs. However, assistance and cooperation between law-enforcement organs are indispensable in the process of replevying and returning property. The issue is discussed in detail in Chapter 8 and 9 in the form of sub-topics. Upon discussing the theoretical grounds (the theory of trust) of confiscating properties in corruption crimes, the author puts forward proposals to establish special system of property confiscation in China (property confiscation procedure independent from trial against the accused) and judicial procedure to enforce confiscation decision made by foreign courts. In addition, the author proposes to the legislature that the rule of sharing should be established in China in the process of international assistance in criminal law-enforcement.The corruption crimes tend to be more and more trans-national and international. Facing this problem, it is important for China to establish jurisdiction extension to corruption crimes with foreign factors and to empower the country to take the corruption crimes with foreign factors into legal proceedings. Based on this point, Chapter 10 probes into jurisdiction extension to corruption crimes with foreign factors for increasing complementary characteristics and mitigating conflicts.At last, Chapter 11 discusses prosecution limitation in corruption crimes. According to UN Convention Against Corruption, it is important for China to establish the system of prosecution limitation which is crucial to punish corruption criminals. In accordance with analysis above, legislative design and improvements are discussed on the basis of the analysis that there is no the system of prosecution limitation in China now.We can say, the process of self-improvement is necessary to establish any legal mechanism. Many research methods are adopted in this paper such as theoreticalanalysis, positivism analysis, comparative analysis and mathematical analysis. Targeting at many drawbacks in the current legal system in China and absorbing the research fruits in theory, the author analyzes and probes into the ways to overcome these drawbacks. The author also puts forward many points and proposals on legislative reform consistent with the convention to further improve legal mechanisms against corruption in criminal law-enforcement of China.
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