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The Research On Rule Of Law Of Anti-corruption Legislations In China Under The Comparative Perspective Of The World

Posted on:2017-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y FangFull Text:PDF
GTID:2296330509456733Subject:Science of Law
Abstract/Summary:PDF Full Text Request
As the result of power and money, corruption has deep historic roots and keeps pace with time. The development of politics and economy highlights more and more about its ecological and complicated features. In international community, governments never stop fighting against corruption, setting off a large wave of anti-corruption legislation.Various methods are used to study the topic to analyze the rule of law of anti-corruption legislations in China under the comparative perspective of the world.Fighting under the guidance of rule of law has become an international consensus.Rule of law is an effective way to eliminate corruption. Based on the study of the meaning of rule of law in domestic and foreign, we can draw a conclusion that rule of law existed in China, and the rule of law has the feature of Chinese characteristics socialism. Now China is in the bottleneck period of anti-corruption, and the guidance of rule of law can achieve the benign interaction between anti-corruption and rule of law.Finding the rule of law of anti-corruption legislations and offering proposals to China by comparing the anti-corruption laws in other nations and organizations under transverse and longitudinal study. By investigation, drafting internal anti-corruption legislation applied prior to the criminal law and providing the basis of the constitution and regional or international anti-corruption convention are normality, so as to provide guidance to international cooperation. Nevertheless, China still has some defects in anti-corruption, for instance, the reconstruction of the anti-corruption legal system. As to the rule of law of anti-corruption legislations, the hierarchy architecture with three layers is needed. At the first level, joining anti-corruption clauses to the constitution to indicate the attitude of government. At the second level, optimizing the articles of criminal law and relying on the national security law are inevitable choices, and establishing a convergence mechanism between laws and discipline is important to ensure the authority and seriousness of the law. At the third level, drafting the internal anti-corruption law. Ensure the benign operation of the logic of power and stick people into the chain of power and laws, we can get rid of historical periodic law and guarantee law could be long-term implemented. Only in this way can the problem of corruption be solved.In the perspective of the rule of law of anti-corruption legislations in China, hoping that the paper can enrich the theories of anti-corruption and provide guidance for state practice. Under the guidance of the socialist rule of law with Chinese characteristics,corruption will be eradicated.
Keywords/Search Tags:China’s anti-corruption, anti-corruption on rule of law, system innovation
PDF Full Text Request
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