The Study On The Characteristics, Root And Prevention System Of Administrative Corruption

Corruption takes place together with powers, and in the system of powers, administrative powers are the most principal, important, and extensive powers, while administrative corruption is the most serious, difficult to govern, representative corruption. Although in these years our Communist Party and government has continually strengthened the anti-corruption efforts and made obvious effects, the issue of administrative corruption still cannot be prohibited in many fields, and even presents an expanding situation, which brings serious loss and damage to the people, groups and the country, and hence must be cured fundamentally. Therefore, the study on administrative corruption has dramatic theoretical significance and practical significance. There have been numerous documents and reports on administrative corruption, and experts, scholars, and excellent personnel in governmental organs, based on their own academic and working background, through different methods and ways, have published lots of papers, works, articles, etc, and made in-depth discussion about the connotation, forms, influence, and governing methods of administrative corruption, which contributes a lot to improving the anti-corruption work. However, through retrieving literature, the author finds that the study on the system of controlling administrative corruption is not specific, has not formed a feasible system, and urgently needs resolving through the theoretical circle's more in-depth discussion, which motivates the author to write this paper. Therefore, the author, based on the practice of discipline inspection and reference to present studies, adopts the methods of both normative and positive research, systematically concludes administrative corruption's characteristics, forms, and reasons of occurring and spreading, and proposes specific conception and measures of preventing administrative corruption from the perspective of system and supervising mechanism, and thus this thesis possesses certain theoretical value and practical value.The first part analyzes the characteristics and forms of administrative corruption. On the basis of illustrating that administrative corruption has pervaded every coder of the social life as administrative powers expand, it is analyzed that the subjects of administrative corruption do not only include the state administrative organs and their work force, but also the organizations, besides the administrative organs, which are empowered by laws and regulations with certain administrative powers, and other organizations with social public powers and their work force, and it is proposed that the manner of administrative corruption mainly refers to that while exercising their powers, the administrative force perform actions beyond rules, exceed their powers, abuse their powers, or do not perform actions deliberately, do not take their responsibilities, indulge behaviors that violate regulations and laws, etc. Then, according to the reports of the plenary session of the Central Discipline Inspection Committee and the work reports of the Supreme People's Procuratorate in recent years, this part analyzes the main performance of administrative corruption that prevails at present in China, i.e. the corruption of public investment field, the corruption of administrative approval, the corruption of administrative enforcement of laws, corruption of administrative monopoly industries, and the corruption of the administrative force's involvement in illegal affairs.The second part analyzes the root of administrative corruption and the necessity of preventing. Firstly, It is pointed out that such negative cultural effects as govern by officials, official-orientation, loyalty, and money worship, hedonism, and extreme individualism are the conceptual root of administrative root; the self-corrosion property of powers determines that the subjects of administrative powers easily corrupt themselves when exercising powers; the conditions of administrative corruption are created by such maladies as the negative influence of existent old systems during the process of changing systems, and vacuum of supervising powers that is formed before the new system is completely established; there are some other vital reasons for administrative corruption such as the deficiencies in the design of the incorruptible legal system, the lagging innovation, and the weak implementation. Then, it is pointed out that the prevention of administrative corruption is the requirement of strengthening the construction of the ruling ability of the Communist Party, safeguarding the basic rights of citizens, establishing a healthy system of market economy and maintaining the stable social order.The third part discusses the conception and measures of preventing administrative corruption from the perspective of mechanism. Firstly, the system of exercising administrative powers should be normalized, i.e. to improve the system of making administrative decisions from such aspects as the promotion of the public's participation in decision-making process, the improvement of the system of evaluating decisions, and so on; to lead the publication of government affairs to a legal orbit by promoting the degree of publishing the governmental organs'activities, and to strengthen the establishment of mechanism of publishing government affairs by improving the system of electronic government affairs; to clarify the subjects responsible for the behaviors related to powers through legislation and establish the system of investigating the responsibilities for powers in order to strengthen the duty of the administrative subjects. Secondly, the system of administrative approval should be deeply reformed, i.e. to continually narrow the scope of administrative approval, cut out the relationship between administrative approval and the interests of sections, to further normalize the approval procedures, strengthen the supervision and restriction on the reform of the approval system. Thirdly, administrative discretion should be normalized, i.e. to strengthen the legislative control of administrative powers form such two aspects of entity and procedure, to strengthen the examination upon the rationality of administrative behaviors through justice, to strengthen the implementation of the system of responsibilities for administrative enforcement of laws, the system of evaluating and assessing administrative enforcement of laws, and the system of investigating incorrect cases through administrative internal management. Fourthly, the system of managing market economy should be improved, i.e. to hasten the implantation of the system of market competition, to expedite the process of privatization and deeply reform the system of investment contract. Fifthly, the fiscal system should be reformed and improved, i.e. to improve the system of fiscal management, to perfect the system of state assets management, and to normalize the system of managing financial affairs. Sixthly, the system of ensuring and motivating the incorruptible government of the public service personnel should be established and improved, i.e. to deeply reform the system of public servants'wage, to connect the election and appointment of cadres with performance, to establish the system of incorruptible public accumulation fund, to establish and improve the insurance system of public servants, to reform the consumption system of public administration, and to implement the system of raising politics by regular tariff. Seventhly, the specialized laws and regulations of preventing administrative corruption should be established and improved, i.e. to hasten the legislation on supervision, to formulate and improve the laws and regulations related to fiscal supervision, and to strengthen the construction of the punishment system. Eighthly, the construction of the supervising system of preventing administrative corruption should be strengthened, i.e. to strengthen the supervision of the People's Congress and the democratic supervision of the Committee of the People's Political Consultative Conference, to carefully accept the supervision implemented by the people's courts, to innovate a new system of the supervision of the superior over the lower level; to strengthen the supervision of the superior administrative organs and their specialized organs; to strengthen the social supervision and the supervision by public opinion, and to strengthen the punishment to the cases of administrative corruption.At the end of this thesis, it is pointed out that with the social development, the root ,the performance and the method of administrative corruption will be various and complex, the task of controlling the administrative corruption will be more arduous. the prevention of administrative corruption needs the integrated management of education, system and supervision, and needs the establishment and improvement of a scientific system of exercising administrative powers. The author hopes his study on this issue can enlighten himself as to his future work, and be helpful for preventing administrative corruption fundamentally.