Anti-corruption Rules In China:1978-2011

Since the government adopt the reform and opening up policy, China hasundergone tremendous changes both in economic and social area. During theeconomic and social transition, a high incidence of corruption was foundaccompanied with these changes. Corruption not only has seriously hindered theeconomic development, but also has brought about exacerbating socialinequalities, and also has affected social stability. It is the origin of manyproblems. In order to control corruption, China gradually established a systemof anti-corruption rules that lead to a research topic about how the systeminfluences the activities of tackling corruption.China’s anti-corruption rule system consists tow parts, including law rulesand rules of disciplines made by government institutions or the CCPorganizations. Law rules are given mandatory effect and they bear the primaryrole in our anti-corruption rule system. Disciplines made by CCP are compliedby the party members and it makes regulations and restrictions from all aspectsof the party ’s behavior. Disciplines made by government institutions are alsovery important means of regulating public officials’ administrative behavior.Compared to those made by CCP, these disciplines are targeted to a moreextensive group and also shall give a more stringent sanction.This study select laws and rules that made by CCP organizationsadministrative institutions, with a time span from1978to2011. Firstly, thisstudy constructed functional analysis including: curbing the motivation ofcorruption, reducing the opportunities for corruption, limiting the public powerresources and improve the institutional constraints. Then this study analyzedthese rules from the angle of content and angles of functionality. Finally, theconclusion was drawn after horizontally comparing system of anti-corruptionrules in United States, Hong Kong and Japan Against those in China.Conclusions of this study are as follows: First, the function of theanti-corruption rules in China is not perfect. Second, the anti-corruption rules inChina are decentralized and there’s a lack of an overarching rule guiding them; Third, there are still loopholes existing in the rule system, most of them lack astrong binding. Fourth, coordination of laws and disciplinary rules is of greatimportance in China. On this basis, drawing on the experience of foreign anddomestic system construction, this paper argues that China should developspecialized anti-corruption laws as soon as possible, meanwhile, replenishdeficiencies of the existing laws and regulate the anti-corruption agencyprocedures.