On The Governance Of The Criminal Law Of The Crime Of Corruption

The issue of corruption has long perplexed and haunted human society, seriously hampering social and economic activities, disrupting the operation of macro economy, threatening national stability and social justice. At present, the crime of corruption has been more and more diversified, organized and internationalized and has become a global hazard drawing attention from nations worldwide. The question of how to curb corruption, therefore, deserves extensive attention as a theoretical subject.In 2003, the United Nation Convention Against Corruption (UNCAC) was passed, which immediately served as a guideline for countries to crack down on corruption. Currently, the research on the crime of corruption mainly focuses on the development of international criminal substantive law and feasibility of establishing global procedural cooperation mechanism. With the Convention coming into effect in member states, effective cooperation between national governments, international organizations and civil society against ever-increasingly rampant corruption will be tremendously enhanced.The severity of corruption in China and the development of international legal regime to curb corruption have posed a new theoretical subject to Chinese academic circle. Thoroughly exploring into the criminal nature of internationalized corruption and constructing the domestic legal framework for international anti-corruption cooperation have been a long-term and challenging academic endeavor. This thesis, using a combined approach of international law and domestic law analysis, studies the nature and characteristics of the corruption crimes, in order to take full advantage of the international convention to facilitate the campaign against corruption and thus to establish a delicate criminal legal system under the smooth coordination between domestic law and international convention.The thesis therefore engages in a sophisticated discussion on the following issues: I. the phenomena, categories and characteristics of corruption crimes; II. a comparative study of corruption crimes under Chinese domestic criminal law, relevant provisions in foreign criminal codes and the international convention; III. a comparative study of international criminal justice on anti-corruption cooperation under Chinese criminal procedural law and the international convention; IV. propositions to reform the Chinese criminal system according to the requirements in the Convention so as to reflect the gist of the Convention in Chinese criminal legal regime. The thesis adopts a comparative law analysis approach to explore the international anti-corruption principles and theories, in the hope of furthering the rudimental jurisprudential understanding and putting forward legislative suggestions.