| The eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in1990passed the rule of "Practical Measures against Corruption". It summed up practical anti-corruption experience and theoretical research all across the world, called on all countries around the globe to keep on fighting against corruption, and proposed relatively detailed suggestions on anti-corruption. Since then, some international anti-corruption agencies (such as Transparency International and the International Ombudsman Association) have been established and being active. All kinds of international conferences against corruption were held. Different countries have strengthened their communication and cooperation in the field of anti-corruption, which promotes its development around the globe. Since the "United Nations Convention against Corruption" came into force in2003, the mechanism for international cooperation is sounder, the field is wider, the measures are more practical and the result is more effective. After entering WTO, China has gradually joined the international community in the process of economic globalization. This traditional political field of anti-corruption in China is subsequently open for attachment. It has a rapid development starting from visiting abroad and study tours to cooperation in transnational anti-money laundering and asset recovering.In order to fit the rapid development, China has to keep pace in summarizing practical experience, taking reference of foreign measures and improving the mechanism for international cooperation. This dissertation is conducting analysis in the fields of management of commercial bribery, anti-money laundering, corruption repatriation and asset recovery based on the long-term follow-up of domestic and foreign anti-corruption practices and international cooperation practices.According to the current situation, there are three weaknesses in the study of international cooperation against corruption. First, there is no comprehensive study on the basic historical track of China’s effort in international cooperation against corruption. Second, there is still lack in comparative study in international cooperation against corruption. Third, there is no description and deep analysis on the process of dealing with typical cases of transnational corruption. This dissertation is trying to make up the loss in these fields.This dissertation is composed of introduction and six chapters. Introduction mainly gives the reason for choosing the topic, the current at home and abroad situation of the study in international cooperation against corruption, and the methodology of this dissertation. Each chapter of this dissertation is composed of four parts:China’s current situation, related rules in the UNCAC, reference of foreign experience and the problem and solution. This dissertation strives to answer the questions of what China has done, how China did it, what UNCAC rules and what good foreign measures could be learned, and then gives practical proposal.Chapter One gives an overview of the international cooperation against corruption. In the age of globalization, nations have closer communications in political, economical and cultural fields. Anti-corruption used to be a state affair, but now a task for all countries. It is inevitable and necessary for every country to strengthen the communication and cooperation against corruption. This task has already been an important part in both China’s foreign policy and its construction of anti-corruption. In recent years, in conform to the Reform and Open policy and foreign policy, China has boosted foreign communication to start a series of bilateral and multilateral cooperation against corruption. China has studied the experience of foreign measures and advanced foreign promotions in anti-corruption. With our effort, international communication and cooperation has achieved a lot. This chapter focuses on the principles, key areas, significance, construction in mechanism and the problems faced in international cooperation against corruption. Under the trend that corruption is becoming more complex, systematic and international, China still has some problems in both practice and theory.Chapter Two is about international cooperation in corruption repatriation. It is an eternal requirement and a fundamental measure for anti-corruption. In recent years, China has signed a series of treaties on extradition, criminal judicial assistance and transfer of offenders. Domestic laws and rules have also established related principles and systems to provide legal basis for international cooperation. We have made huge achievements in judicial assistance, extradition and asset recovery. However, current theory, legislation and practice still cannot meet the actual need. This chapter gives an analysis on the problem of our current situation by research the policy, legislation as well as the cases in the field of extradition, repatriation and persuading to return. It goes on to summarize case experience and to propose the solutions.Chapter Three is about international cooperation on asset recovery. The run off of corruption asset is no longer a regional problem, but a transnational phenomenon affecting all economic communities. We have to take synthetic measures to prevent and fight against it.This dissertation reviews the process of the establishment of international cooperation in asset recovery. It also discusses the criminal and civil procedure of asset recovery in CNCAC and the legal barriers in both substantive laws and procedural laws and goes on to propose solutions.Chapter Four is about the international cooperation in anti-money laundering. Cross-border money laundering and corruption are often inextricably linked. China, as an important member of the international community, is actively involved in the action of the international community to control money laundering, and takes measures to fight against money laundering through domestic laws. This dissertation reviews the basic history of China’s effort in anti-money laundering. It gives an analysis of UNCAC and foreign experience, and then proposed a thesis to complement anti-money laundering mechanism.Chapter Five is about international cooperation on management of commercial bribery. Around2003, due to the consecutive cross-border commercial bribery, China decides to put great effort in management of commercial bribery all across the country. A team has been set up to deal with this task and many regulations have been made. However, it is still a long-term harsh job facing the current complex international environment.This dissertation discusses China’s legal mechanism of management of commercial bribery. It gives an analysis of foreign regulations and ten typical cases that has been under the center of media. It goes on to propose a theory in strengthening the international cooperation in management of commercial bribery.Chapter Six is about international cooperation in preventing corruption. For thirty years, the theory of fight against corruption has made a huge development from deterring to preventing. In this development, the practice is in innovation. One of the three international cooperation mechanism set in UNCAC is preventing corruption. China has established a specific office to communicate and cooperate with foreign countries in doing so. This dissertation reviews the history of China’s effort in preventing corruption. It discusses foreign measures and proposes new measures to keep strengthening it. |
PDF Full Text Request