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Research On The Preventive Mechanismunder United Nations Convention Against Corruption

Posted on:2018-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiFull Text:PDF
GTID:2346330512999124Subject:legal
Abstract/Summary:PDF Full Text Request
United Nations Convention against Corruption (UNCAC) is the first legal document that guides international struggle against corruption in different nations, and it is also an international convention for to standardize and fight against corruption. UNCAC indicates in the preface that "corruption is a transnational phenomenon affecting the whole society and economy, thus it must combine international cooperation with control corruption prevention",indicating that struggle against corruption has been officially brought into the international process.UNCAC shows that the key of anti-corruption is prevention, so a relatively systematic anti-corruption prevention system is constructed by formulating legal obligations and stipulating specific measures for contracting states. Based on the stipulations,the author plans to discuss reform and perfection of Chinese anti-corruption prevention system by analyzing performance practice of representative contracting parties.The first chapter: the author introduces the meaning of corruption and theoretical basis of anti-corruption prevention mechanism.The second chapter: the author summarizes anti-corruption prevention mechanism in UNCAC, including specific stipulations and corresponding analysis of anti-corruption prevention mechanism.The third chapter: the author analyzes anti-corruption prevention mechanism from specific practice. Anti-corruption prevention mechanism not only includes establishment and performance of anti-corruption prevention organizations, but also contains specific anti-corruption prevention safeguard system, such as civil servant system and anti-money laundering, etc. On the basis of the anti-corruption prevention mechanism constructed by Russia in practice process of the Convention, the author analyzes experience and lessons, hoping that it will provide reference for anti-corruption prevention practice in China.The forth chapter: the author discusses the status of anti-corruption prevention mechanism in China and suggestion on perfecting relevant laws, evaluates and analyzes existing defects, including imperfect external institutional environment, defectiveness of relevant supporting guarantee system, and unequal internal system architecture and power disposition by beginning with the current anti-corruption prevention practice.Meanwhile, the author also proposes suggestion on perfecting existing defects.including perfection of law-making stipulations for corruption prevention, specialized law for anti-corruption, and construction of the specialized corruption prevention mechanism under the guidance of system theory, perfect external supervision mechanism, and reinforcement of international cooperative communication.Last but not the least, the author finally indicates that anti-corruption is an up-to-date topic. In practice work of anti-corruption prevention, it must consider overall situation of preventive strategies, act on international convention, further implement comprehensive governance measures for corruption prevention, realize simultaneous development of punishment and prevention,establish and perfect Chinese characteristic anti-corruption prevention mechanism.
Keywords/Search Tags:United Nations Convention against Corruption, Prevention mechanism, Anti-corruption prevention institution, Specialized law of anti-corruption
PDF Full Text Request
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