The Criminal Policy For Prevention And Controlling Of Corruptions

The first part. Why ancient china had been inevitably trapped with corruptions from one dynast-y to another is due to the institutional defect of the empire's bureaucratic system, some of them structural, some of them functional. The structural defect of the empire's institution tend to seduce the officials to commit corruptions by three ways as follow: for one, the emperor and his bureaucracy monopolize the supply of the public products such as safety, order, relief which keep off the competition of the different political group. For two, the asymmetric information created by the bureaucratic system's frame is in favor of the corrupt. The corrupts would be free to the milk cows without supervision. For three, the power controlled by the officials was access to the distribution of the social resources, it is why the corrupts make the benefits by abuse of the power for personal gain. Though troubled by universal corrupt-ions of bureaucracy, the empire w-as prone to maintain the status quo because no one convicted what would happen following the reform of the system in such a big and complicated empire like China, which called Path Dependence.The second part. As the same reason, or mostly, after 1978, corruptions in China become universal again and do a lot of harms to the society. It would be earlier to say that nowdays China be encountered with corruptions caused by defects of its system, until we can prove so with datas and proper theoty as follow:The description of the corruption in China (1991-1997) this part will give you the idea about how many corruption case investigated by prosecutors based on the official statistics. More and more serious corruptions of senior officials. Corruptions by senior officials become more and more universal, with corruptions by the junior officials get less serious than before. The different situations between the junior one and the senior, depends on the levels of the supervision, and the nature of the corruptions committed separately by the junior or the senior. Bad money drives out good money. We could find that the corrupt is not only greed but also incompetent. It seems the bureaucratic system keeps the uncorrupted and competent ones out of itself. The groups for corruption. It seems that the corrupt is prone to associate with another one more and more. the rent-seeking of the production meterials depends on the huge value of public products, not the low price private ones, therefore, it is only the group of corruption could seek rent successfully. The more groups of corruption reveal that the corruption is more universal than before, taking into the more serious consequences of the group of corruption, the situation is worse.Hedonism of the corrupts. Mostly, the corrupts would like to choose having fun with huge money, crazily and shortly, and then stay in jail for the rest life, it is called hedonism. Hedonism is popular in china, not only with the common people, but the officials, especially the corrupts.The third part: Criminal policy. This part depending on the forgoing points, refers to the policy for preventing corruptions, especially the institutional corruptions. It is necessary to distinguish the macro policy and the micro policy, for their different instincts and functions. The macro policy, which refer to the political system reform that is the key to prevent institutional corruptions, takes precedence over the micro policy, the macro policy is the following:1. Democratic reform. If the power controlled in actually by few people, not the citizens, the monopoly of power would seeking rent as far as he could except for democratic reforms. The democratic reforms calls for diversity of politic, encouraging the competence of different groups . Only so, the citizens could gain choice to choose what they think is better.2. Rule of law. Only democratic reform is not enough, we must get the reform started, and the law, which reveals the meant of the citizens, should be the greatest authority of the society. The government must govern under the law. The effective law could make sure that the competition of the politic performed orderly. What is more, the law will at best, supervise the officials' conducts, limiting their freedom to corrupt.3. The independence of the judiciary is important for the supervision of the corrupts. We know the corrupts, as the officials, is powerful enough that only the independent and the same powerful ones could beat them and put them into the jail. An independent court need the independence of finance, gaining the power to choose its judge free of the interference of the executive power. But the most important would be the independence of the judge himself.The micro policy against corruptions would be synthesized, including to amend the criminal codes, property declaration, economic supervision, media's supervision and political ethics.1. To amend the criminal codes. The starting point of sentencing of the crime of bribery and corruption should be raised, and the point of sentencing for death penalty should be up to 5,000,000 RMB. Before the convictions, the distinguish of public interest and governments interest is necessary to prevent the grey corruptions. The maximum penalty of the crime of huge unidentified property should be increased to a 15-years- imprisonment. 2. Property declaration. Property declaration would weight the liabilities of the officials, and the public could supervise the situation of the officials, and to find the corrupts in time. If an official does not perform the obligations sipulated by the property declaration law, he should be punish, even convicted.3. Economic supervision. The corruption, as rent-seeking, is a kind of economic conduct, which could be supervised by economic methods. We can build a huge data-base collecting all the important informations about the economic conducts.4. The media's supervision. The rule of the media is to help the citizens to know what the officials do, and how they do. The media is useful to supervise the corrupts as the media is independence, or, the government could order or threat the media not to exposure the corruptions.5. The political ethics. The first step of Anti-corruption would be the reconstruction of rule of the political ethics. The political declaration for anti-corruption is necessary to gain the confidence and the support of the public, and the more important is going on of the political ref-orm and the good changes come out.