Font Size: a A A

On United Nations Convention Against Corruption (Uncac) And Perfection Of Criminal Legislation In Our Country

Posted on:2008-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:B YuFull Text:PDF
GTID:2166360242972539Subject:International Law
Abstract/Summary:PDF Full Text Request
Corruption is the chronic illness for the human, passing through slave society, feudal society, capitalist society and socialist society along with the people. In whichever society, corruption is absolutely inevitable if the power exists with any flaw in its supervision. Such social illness as embezzlement and bribery will never die out automatically if the private ownership does not disappear from the human society. Corruption is a social phenomenon, existing from the ancient to the present around the world including China.The nature of corruption is mainly referred to invisibility, penetrability, harmfulness and internationalism. The corruption internationalization is the external phenomenon of the inner property of corruption's internationalism. The corruption internationalization is defined as corruption beyond the territory of one country, not only including the bribery relation between local organization or personnel and foreign official or civil servant, or the bribery relation between foreign organization or personnel and official or civil servant, but also involving the transferring or hiding of corrupt property from one country to other countries, or escaping of the corrupt to other countries for avoiding punishment by his country.Aiming to corruption internationalization, all the countries take measures against this phenomenon, and the trend against internationalization of corruption is spreading in the world. In order to assist all the countries against corruption and investigate the illegally-transferred fund, "United Nations Convention Against Corruption" (UNCAC) was drawn up in Vienna at the end of September, 2003 by Ad Hoc Committee of UN after two-year discussion, officially submitted to the 58th session of the UN Congress and approved after review, and finally signed at the high-level meeting held in Mexico from December 9 to December 11, 2003. Later, all the signatory countries would approve the Convention in accordance with their legal procedures respectively. Up to September 15, 2005, there were 33 countries approving UNCAC. On December 14, 2005, UNCAC took effect officially. This is the first legal document on guiding how to take measures against international corruption, also the international legal document on governing corruption crimes which is the most complete and comprehensive one with universality and innovation up to now.In order to accommodate to the new situation of international anti-corruption action, and make the better cooperation with other countries and international organizations to inhibit the development of corruption internationalization, our country approved UNCAC at the 18th meeting of Standing Committee of the 10th National People's Congress held on October 28, 2005, and perfected the anti-corruption legislation by combining status quo of legislation and judicature against corruption in our country and referring to UNCAC. Therefore, it is an important realistic significance to strengthen the research on criminal anti-corruption legislation in our country.
Keywords/Search Tags:Corruption, On United Nations Convention Against Corruption (Uncac), The Research on criminal anti-corruption legislation in our country
PDF Full Text Request
Related items