On The Perfection Of China's Corruption Prevention Mechanism

Corruption, which is a cancer, also an epidemic that seemed to never stop, decays the society, breaks democracy, legal system, human rights, and so on. For this, we want to fight against the corruption, even want to prevent corruption. But wanting to prevent corruption, we should and have to build up the long effect mechanism of anti-corruption. As we know, the situation of our country's current corruption is rigorous. Building up a sound the long effect mechanism of anti-corruption has an important realistic meaning. For this, this text, with clear logic clues, view of United Nation's anti-corruption convention, divides three chapters to completely analyze our country's anti-corruption mechanism, and puts forward a perfect suggestion on this foundation. Concrete contents as follows,Chapter 1 describes the anti-corruption mechanism of Convention. Convention concludes seven aspects, which are synthesized prevention, anti-corruption organization, and office-holder manage, public purchase and public finance management, the privately owned section management, launch a society to participate and anti-washing money.Chapter 2 describes our country's anti-corruption mechanism. At this, the writer aims at more protruding and disputed problem, which are full-time anti-corruption organization, public official management system, business tamper lawmaking and anti-washing money mechanism.At first, the writer emphasizes the national anti-corruption mechanism which established just in the last year, in the meantime, points out that it exists to lack of independence and lack of strong and rigid authority and shortage of surveillance.Secondly, writer mainly emphasizes our country present condition promulgation of the Public Official Law, on this foundation, the writer selects official's ask-responsibility system, family property to declare system and relieve audit system, which concretely analyze themes, intending with small see greatly, reflect our country present the existent blemish of the management system aspect at the public official. Again, according to more controversies which is a lawmaking level to the business at present, and the writer thinks, the lawmaking is the problem which needs to be resolved, because of only tight dragnet of justice, then can talk manage up, then can at the cure business hush money, in the meantime, prevent business from bribing the occurrence of criminal offence by earthquake and education function of law. Therefore, the writer explores to beg for lawmaking present condition and lawmaking imperfection that our country business bribes just from the lawmaking level in this text. The writer thinks the business bribes in the imperfection on the lawmaking to mainly express for One is go into business industry hush money of the pertaining to crime constitute important item to see, the corpus scope leads narrow, objective important item with《convention》exist a bigger margin; Two from the angle analysis of the law responsibility, the form disunity of the law responsibility, the punishment is lightly partial to, can't have punishment that should have function; Three is going into business the relation of industry take bribe and bribe see. The country compares for the value cure towards taking bribe a person, but usually despised to bribe the person's stroke.The end is an anti- corruption to wash a money mechanism. The writer will go bad and wash money merger to wash money a phrase for the corruption in clarifying to go bad and washing the foundation relation of money. Point out while discussing the lawmaking present condition that the our country corruption washes money our country anti- corrupt wash the imperfection money mechanism, concretely include: corrupt to wash money system while using morbid and anti-; Two is the pertaining to crime law that the anti- corruption washes money still not enough perfect; Three is a finance to take charge of existence blank and loophole.Chapter 3 writer adheres to an analysis of four imperfections, have already put forward a perfect suggestion to sex ground Concrete contents as follow,Go bad organization concerning the prevention first, the writer puts forward three perfect suggestions: One is imitate Hong Kong Independent Commission against Corruption, promise the nation anti-corruption bureau to work independence. Including the equipment of independent staff member and promoting a national prevention corruption the administration Class of the bureau is two aspects. Two is give it the rigid job power, thin turn it to work section. Concrete contents as follow, The first, give it the rigid job power, make to prevent work real results from turning; The second, thin turn it to work section, make it have already carried on a professional prevention to sex ground. Three is the responsibility mechanism which builds up a sound nation prevention corruption a bureau, enhance direct. The contents include strengthening self-discipline and heteronomy two aspects.It is perfect public official's system secondly. Ask-responsibility system while using perfect officials, include a reasonable demarcation power, ask responsibility object and scope definitely and build up democracy to ask responsibility system and make the officials ask the responsibility system legalization, procedure to turn three aspects gradually; Two is a perfect property to declare system, concretely include reasonable assurance the property declare of corpus scope, accept category and time limit, constitution that the property for declaring extends the whole properties, perfect properties to declare to the specialized organization that the property declares to register, the to build up accepts the public path that the authority, property of organization declares material and breaches the responsibility and the result that property undertake when declaring. Three is perfect to relieve to audit system, include will before allowing, allow medium, relieve audit to combine, insist "review first behind leave" effectively of principle, enhance audit work of sunlight operation", solve so much an of auditing the strength and audit mission of antinomy and exaltation work quality, guard against audit risk.It is the lawmaking that the perfect business bribes again. Concrete contents as follows, while using corpus and objective important item that the perfect business bribes. Include: the provision of the contents and cancel crime quantity of corpus, enlargement hush money that the company, business enterprise or other unit personnel bring in to mediate to take bribe. Two is the law responsibility which enhances business hush money. Concretely include: The first, penalty system of perfect, include strengthening property penal apply strength and increase to establish qualifications two aspects; the second, enhance administration responsibility and civil case responsibility, the extension punishes category. Three is a perfect business bribe lawmaking, with enlargement to bribe the person's stroke strength, control business hush money from the source head Contents as follows, The first, cancel business bribe to commit crime medium the restriction of falsely be "in" for seek falsely be benefits important item; The second, increase business bribe the execution behavior of the behavior a method, designate as the promise give and the proposal give" the execution behavior of business bribe; The third, raise business bribe the legal刑of the crime, since low it go into offense threshold.The end is a perfect and anti- corruption to wash a money mechanism. The writer aims at our country corrupt wash present condition and reason of money, at comparison, draw lessons from《United Nations is anti- corrupt convention》and other conventions and nation of related provision, the foundation of measure up, put forward perfect our country control corruption to wash the measure of money, concretely include: While is the integration and the system arrangement that the establishment guards against corruption to wash money. Include law system of building up the kit a prevention corrupt wash money, and perfect our country prevent from the corruption wash the organization of money's constitution adjusting a movement mechanism two aspects harmoniously. Two is that the enlargement washes money to the corruption to cure strength. Include to modify perfect to cure the pertaining to crime lawmaking that the corruption washes money crime, and the reasonable demarcation wash the pertaining to crime jurisdiction of money offense two aspects. Three is strengthen a finance to take charge of. Contents as follows, The first, the perfect financing institution, non- financing institution implements anti- wash the system of[with] money obligation; The second, perfect and anti- wash money finance to take charge of system. Four is the international cooperation which strengthens anti- corruption to wash money. Concrete: The first, join actively anti- wash money international organization, strengthen anti- wash money international information exchanges and share; the second, strengthen judicial help and cooperation of international.Pass writing this text, writer to our country corrupt prevented mechanism from having to go deep into completely of cognition. Here, the writer expects this text can understand for all people who expect our country the corruption prevent mechanism from bringing just some new cognitions.