On The Fundamental Path Of China’s Contemporary Anti-corruption By The Rule Of Law

Corruption is a serious social problem, it has became a major obstacle for healthy development of human society. Since new China was founded, the various stages of social development also breed lots of corruptions. In order to control them, on the one hand, successive governments have introduced a variety of policies and measures to control corruption in China, which has accumulated valuable experience; on the other hand, the academic community also has strong criticism and reflection from the theoretical level to lay a solid theoretical foundation for corruption in Contemporary Chinese governance. Regrettably, China’s corrupt governance, both in theory and practice in particular, adopts campaign-style corruption as a major mode of governance corruption, and "institutionalized mode " has not been able to establish since from the foundation of New China to the early stage of China’s Reform and Opening-up.However, the 15 th national Party Congress proposed a great strategy of the rule of law, also build a new anti-corruption system, which lay a solid foundation for corruption governance. From the 15 th national Party Congress to the 17 th, with the completion of socialist legal system of law that carries with Chinese characteristics,the system construction of China’s anti-corruption has made great progress, so institutionalized, patterned, and long-term-oriented corruption governance has become a inevitable trend. The third Plenary Session of the 18 th Central Committee of the CPC declared the construction of "rule of law in China" goal, and the fourth Plenary Session further proposes to comprehensively promote the rule of law,socialist legal system with Chinese characteristics, and the grand goal of socialist country ruled by law. In this macro context, the "rule of law" has become a new model of China’s society and governance as well as a new mode of governance. In this context, enhancing theoretical and practical research of the rule of law of anti-corruption, and exploring the basic path of anti-corruption have become a important issue of theoretical system of socialism with Chinese characteristics.Based on the definition, content and main features of “corruption law”, this paper briefly reviews the international anti-corruption mechanisms that takes two treaties including “United Nations Convention Against Corruption” and “The United Nations Convention against Transnational Organized Crime” as main content, also we will emphatically introduce the history, theory and main practice of contemporaryChina’s “anti-corruption campaign-style” to “anti-corruption law”. Finally, this paper further explains the great historical significance of “corrupting with rule of law” in contemporary china by reviewing the China’s anti-corruption system and practice as well as foreign history.This paper focuses on revealing the shortcomings and deficiencies of contemporary Chinese anti-corruption system, and further exploring the multiple paths of contemporary China related to achieve the goal of “corrupting with the rule of the law”. On the one hand, through the analysis of current system, this article describes three major flaws existing in contemporary China’s anti-corruption system:(a) there exists insufficient supervision and absence of punishment at the level of domestic law;(b) the mess of anti-corruption legal system in the party, and the imbalance of power within the party organization at the level of the party’s legislation;(c) In terms of cross-border anti-corruption mechanism, there is a whole legislative gap, and existing legal provisions conflicts with international law; on the other hand,by learning the China’s and foreign anti-corruption practice lessons, this article constructively presents the three basic path for contemporary China to achieve the goal of “anti-corruption with the rule of the law”:(a) by strengthening domestic law to improve the mechanism of supervision and punishment of anti-corruption,(b) by strengthening the party’s law also perfecting the mechanism of power within the party operational;(c) building a cross-border anti-corruption mechanisms by filling gaps in domestic legislation instead of current legal provisions.