A Study On United Nations Convention Against Corruption And The Basic Principle Of The International Law

With the boosting up of international corruption crime,it's very difficult for a single country to fight against it with punishment.At the same time.based on different countrie,the law regulations on corruption crime and related moral standards are different, therefore it is impossible to unify the definition and punishment procedure of corruption crime under the guildance of each country's domestic law,also,it is very difficult for countries to struggle with corruption crime commonly.Under this situation, the first global anti-corruption law document United Nations Convention Against Corruption(below abbreviated as Convention Against Corruption) was published on October 31^st.2003,and it was formally taken into effect on December 14^th.2005.This convention gives the specific regulations for defendence,conviction,investigation and punishment of corruption crime,and supplies the law proof of common corruption struggle.Currently, most of the scholars who study this direction aim at the concrete contents of Convention Against Corruption,and they carry on their research mainly about how to carry through and execute Convention Against Corruption. Writer tries hard to have some breakthroughs from another aspect, that is,combining the basic principle of international law with the contents of international convention and describing that the basic principle of internationl law is the dependence of lawmaking,on the other hand,international convention is the concrete explanation and embodiment of the basic principle of the international law,and making convention-attending countries recognize the importance of carrying out the convention obligation.This article emphasizes that as the basic principle of international law,the three principles: principle of national sovereignty; principle of international cooperation; principle of pacta sunt servanda are theory base and dependence of the international law, and the Convention Against Corruption is the embodiment of the above-mentioned three principles. Convention Against Corruption requests that the convention-attendingcountries must obey the national sovereignty principle, carry out convention obligations strictly, develop international cooperation of exhibition extensively,make native lawmaking and practice according with the regulations of convention and exert the convention efficently to fight against corruption commonly. This article focuses on the combination of the theories of international law and the practice of carrying out Convention Against Corruption, and its aim is to provide the theory references for fighting against international corruption crime.