The Legal Analysis Of China’s Anti-corruption Legislation

The theories and practices have proved that, corruption hinders the economic development, affects the political stability and undermines the social morality. To prevent and punish corruption in China has experienced the movement mode of anti-corruption,the power mode of anti-corruption,the organization mode of anti-corruption, etc. These anti-corruption patterns have played an important role in the specific environment, make our country’s anti-corruption works have achieved certain success, a batch of badger hats especially “corruption executives” by the punishment of CPC party disciplines and laws. These anti-corruption patterns, however, have not fundamentally curb corruption, corruption in some areas are still shows a tendency of high-risk prone, “nest cases”, “string”, “executives” corruption cases is high, and the forms of corruption have renovate continuously, cases of corruption which concealment is strong, investigation is difficult,such as modern information bribery, options of bribery etc. are appeared progressively. The fight against corruption is more difficult than simple and exposed barterings in the past.From the perspective of the causes and characteristics of corruption, strengthen anti-corruption legislation, establish and enforce the anti-corruption legal system which special laws as the core in fighting according to law, is the most fundamental and the most powerful way of punishing and preventing corruption, also is a task of top priority of China’s anti-corruption struggle. By contrast, in the process of governance of corruption, our country although also do something in anti-corruption legislation, but there are still many loopholes, related laws and regulations of anti-corruption are not incomplete, seriously affect the actual effect of anti-corruption.From the legal definition of corruption, this article analyzes four legal requirements of corrupt behavior, classifies malversations according to the extent of injury of corruption, and illustrates the three current significant characteristics of corruption in our country. By some countries and regions of the construction of the anti-corruption law system basic practice, investigates the fundamental way of the anti-corruption legal system construction as well as summarizes these legislative characteristics. Analyze the current situations of anti-corruption legislation in our country from two aspects of disciplines and laws and regulations, tries to analyze the three aspects of problems existing in our country anti-corruption legislation based on the defects of legislation itself. And based on the anti-corruption legislation experiences outside of our country, attempt to put forward the main principles which anti-corruption legislation in our country should be following, and exploring the three specific implementation measures of our country’s anti-corruption legislation to aiming at the existing problem of anti-corruption legislation.