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Thoughts On Perfecting My Country's Anti-corruption System From The Perspective Of International Human Rights Law

Posted on:2020-10-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:X F HeFull Text:PDF
GTID:1366330602957734Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Corruption runs through the whole process of private ownership and the emergence,development and extinction of the state.Even the socialist countries in the transitional stage from capitalism to communism are facing serious threats of corruption,so corruption could be said a worldwide problem.At present,the focus of theoretical and practical research on anti-corruption is mostly focused on the weakness of human nature and the regulation of public power,which has certain rationality,but lack of consideration of corruption against human rights.This is also the fundamental reason that different countries implement the same anti-corruption system,but the results are quite different.Using the basic principles of Marxism to analyze corruption,we can make it clear that the emergence of state and private ownership is the root of corruption,alienation of power is the essence of corruption,and the result of corruption lies in the violation of human rights in the final analysis.Therefore,examining corruption from the perspective of protecting human rights provides us with a new way of thinking to effectively carry out anti-corruption,which has important practical significance.We have many reasons for fighting corruption,and the ultimate goal should be to protect human rights.There are great differences between different countries and regions in understanding the two concepts of human rights and corruption,which leads to great challenges in the study of anti-corruption from the perspective of human rights protection.Although scholars have paid attention to the relationship between human rights and corruption,most of the writings still remain at the level of views or slogans,relatively lacking in-depth and systematic research.Reviewing the anti-corruption system from the perspective of international human rights law is a concrete study of the relationship between human rights and corruption.International human rights law brings the consensus of all countries in the world on the protection of human rights together,and forms the consensus on the protection of human rights in the greatest scope.The improvement of the anti-corruption system is also an important measure adopted by all countries in the world,including China,to deal with corruption.Although human rights are not limited to the scope of international human rights law,anti-corruption is also not limited to relying on the improvement of institutional system.However,the study of international human rights law and anti-corruption system can at least form a consensus on the relationship between human rights and corruption.International human rights law is of great value in improving the anti-corruption system.Firstly,the important principles of international human rights laware also important principles to test whether the anti-corruption system is perfect or not.They should run through and be reflected in all aspects of the anti-corruption system.Secondly,an important part of international human rights lawcalls for improving the anti-corruption system to adhere to win-win cooperation,strengthen political consensus,and focus on exchanges and mutual learning.Thirdly,the important contents of international human rights law,mainly the United Nations Convention against Corruption,put forward specific requirements for the improvement of the anti-corruption system from the aspects of deepening the understanding of the harm of corruption,international cooperation,comprehensive measures and standardized procedures.It can be said that international human rights law provides a lot of reference and reference for improving the anti-corruption system from the perspective of protecting human rights.Based on it,from the perspective of international human rights law,we can sum up the basic logic of further improving the anti-corruption system in China based on the protection of human rights.That is,regard protecting human rights as the fundamental purpose,we should use the idea of democracy and rule of law to guide the construction of China's anti-corruption system,so that public power can be effectively regulated,managed and supervised.And timely the relief of human rights infringed by corruption should be promoted to the same or even more important position as the prevention and punishment of corruption.We should strengthen international cooperation in anti-corruption,while drawing on foreign experience and practice,and contribute to the world "China plan" and "China wisdom".Realize the virtuous circle of promoting anti-corruption through development and then promoting development through anti-corruption.Under the guidance of this basic logic,we can clearly improve the important principles of our country that should be adhered to in the anti-corruption system.That is,socialist democracy is the basic premise,the CPC is the core of leadership(the ruling party should assume the responsibility of leading the government to fulfill its state obligations),the people's supervision is the key link,the implementation of the rule of law is an important guarantee,the protection of human rights is the ultimate goal,and international cooperation is a necessary complement.These six aspects are essential principles for improving the anti-corruption system in our country at present,and the principles are mutually reinforcing and benign interactive relations.Each part needs to be studied,explored,implemented and refined in the future practice.Although China has already built a systematic anti-corruption system at present,compared with the requirements of the six important principles,there is still much room to improve the existing anti-corruption system.There is a lot of work to do in terms of the socialist democratic political system,the party's governing system,the people's supervision system,the rights and interests protection system of citizens' rights and interests,and the international cooperation system against corruption.To perfect the anti-corruption system,we must comply with the requirements of the international human rights law,consciously adhere to the six important principles,and protect the human rights throughout,only in this way can we achieve the perfection and development of the anti-corruption system,and then play an increasingly important role in the great struggle against corruption.
Keywords/Search Tags:AntiCorruption, Human Rights Protection, International Human Rights Law, Institutional System
PDF Full Text Request
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