Study On The Chinese Legislation Transformation Of "United Nations Convention Against Corruption"

Before China joined the "United Nations Convention against Corruption"(hereinafter referred to as "the Convention"), the Criminal Law of China has provisions about conviction and punishment. While compare with the Convention, it is few in the counts and incomplete in content. Thus it is convenient to modify or add the provisions, and at the same time Legislative technique are supported."Convention" with the Chinese Criminal Law butt section is mainly reflected in chapter 3 section convicted and punished. View all convicted criminal law in part out of two relevant provisions to the relevant provisions of the Criminal Code controls the corresponding provisions of "the Convention", is China's obligations under international law as necessary to the Member States, "the Convention" the effective performance, but also the basic theories and norms comb.Given China to fulfill obligations under international law, especially the "Convention" set out, mainly for the domestic legislation conversion. The conviction will be part of the "Convention" into domestic law, as the one and only entity Penal Law. So based on the Treaty, mutatis mutandis, the Criminal Code amendments and the amendment of the legal provisions, it is to explore China and fulfill "the Convention" transformed "the Convention" adequacy norms in place the most effective way.After comparative study found that Chinese Criminal Law admitted "the Convention" mode part of the provisions of the following conviction: Not holistic transformation, which is quite difficult, and for the provision of. Thus selective progressive transformation. This indicates that the set of "Convention" charges not yet fully in line with the development of contemporary China, there is the need to build and enhance the operational efficiency and domestic institutional system based on the gradual integration into the domestic legal system. And then concluded that: in order to meet the need of the Chinese community sanction acts of corruption,the effective Chinese criminal law system is necessary. It is better to as soon as possible to transfer the contents of the Convention, but also to be gradually integrated into the full conviction provisions, and when this transformation process, including but not limited to criminal law. Because the main value of the pursuit of "the Convention" is the prevention, combating and punishing supplement.