Legal System To Prevent Corruption From Abroad In China To Prevent Corruption In The Legal System To Build

Corruption is a global stubborn disease across regimes, which exists among nations with different culture traditions, economic conditions, and society development levels. Nowadays, none country on earth could exempt from it. Although corruption may differ, among different countries, in terms of exterior characteristic, form of exhibition, or degree of severity, it brings the same breach and imperilment. Thus, anti-corruption becomes a baptism all countries of the world have to affront together.For a long period, countries of the world have spent a great deal of manpower, materials and resources to antagonize corruptions, among which there are not only individual means applicable to specific country's characteristic, but also common means reflecting rules of anti-corruption that could be learnt and used for reference by other countries. 'Stones from other hills may serve to polish the jade from this hill.' During the process of anti-corruption, we are not only required to grasp the characteristic of corruptions and the situation of own country, and ability to suit the remedy to the case, but also required to possess global vision and broad mind, and ability to dialectically analyze and scientifically reference, so that we could acquire helpful revelation by carefully studying other countries' mechanism, system, policy and strategy of anti-corruption and incorruptible government construction, and by scientifically referencing other countries' success experience to prevent occupational lawbreaking or crime.To comprehensively view those successful countries on anti-corruption, they adopted various methods and means, and accumulated lots of instructive experience during long-term process, among which, to pay attention to preventive legislation of anti-corruption is quite important. Nowadays, international community is also actively advocating an integrated corruption preventing strategy to lawfully combat corruption, to construct system and to emphasis on prevention.In our country, it has reached a consensus upon the necessity to prevent corruption, but there is no verdict yet upon some questions with equal importance, such as what to prevent, and how to prevent. Corruption prevention is a integrated and complex system. We should determine its strategic focus and main methods to construct it, at the same time of macroscopically general planning. At this time, the prominent problems encountered by corruption preventing of our country include lack of legal basis, omission in law system, and blocks in operational mechanism. So it becomes top priority to enhance study of basic legal system of corruption prevention, and to resolve questions of constructing it. The author provides his own suggestions from aspects of making overall , constructing and improving fundamental civil servant system, power supervision system, criminal justice system within corruption prevention system.Based upon above consideration, the content of this article is arranged as the following:Chapter 1 emphasizes on generalizing, introducing and commentingoverseas corruption prevention theory, mainly including the theory about"modernization and corruption" of S. P. Huntington, the theory about"rent-seeking" of J. M. Buchanan, the theory about "control ofcorruption" of R. Klitgaard, the theory about "national integritysystem" of Transparency International, and etc., which construct a basisfor spreading and deepgoing of the whole article.Chapter 2 introduces and analyzes corruption preventing legislation and relating rules and regulations of main international organizations, under instruction of corruption preventing theories, mainly including legislation for social comprehensive prevention, to prevent corruption crime institutionally, mechanically, social participating, using means of justice, administration and economy (finance), which was proposed by UN Convention Against Corruption, and evaluation index regulations from four international organizations, in order to find out main characteristics and rules of international organizations' corruption preventing legislation.Chapter 3 analyzes and compares corruption preventing legal systems of main developed countries, such as U. S. legislation which is precise, France legislation which takes preventive measures, Singapore legislation which equally stress on punishment and prevention, and etc. The legislations of above countries are with their own characteristics, and may often with their own limitations or timeliness, but we can still draw lesson by inducting common rules therein and some concrete and effective means.Chapter 4 concludes and compares current status of our country's corruption prevention legislation. There are wholesome corruption prevention legislations in many corruption preventing successful countries of the world, but it's still blank almost in this area of our country. Problems of corruption prevention legislation, such as low level, unstructured, lack of interoperability, have seriously obstructed corruption preventing process of our country. It has historical inevitability and real urgency to construct our own corruption preventing legal system.Chapter 5 contains some thoughts upon constructing our own corruption preventing legal system. It needs to be scientifically reasonable and achievable. We need to catch time to clear up existing laws and regulations, to pay attention to alignment and supporting for corruption prevention legislation, and to institute overall proposal and long-term plan. Currently, the keystone is to institute overall , and to establish and improve relating basic legal system.