A Study On The Anti-corruption Legal System In American State-owned Enterprises

The important way for transition from temporary to permanent cure of anti-corruption in state-owned enterprises(SOEs)is to make an effective anti-corruption legal system in SOEs.Similar to Chinese SOEs,American SOEs have also faced the problem of corruption in the abuse of public power.For the difficulty in the governance of SOEs,the United States has formed a legal system against corruption in SOEs and has continued to improve in judicial practice.Therefore,learning from the US anti-corruption legal system in SOEs has important theoretical and practical values for the governance of SOEs corruption in China.The SOEs in the United States are government branches,their public officers are government public officers.SOEs and their public officials are applied the special law provisions for the establishment of SOEs,as well as the provisions of the public law.In order to combat the corruption in SOEs,the United States has established a sound prevention and punishment system.To prevent collusion between the government and the business,the USA set up a board of directors to separate the ownership and management power of SOEs,and regulate the SOEs' management.In order to prevent financial accounting management confusion and non-public information transparency,the United States established a budget,information disclosure and procurement to prevent the occurrence of corruption.In order to regulate the behavior of public officials in SOEs,the United States has formulated the corresponding public officials' ethics legislation,the election system to prevent conflicts of interest,and the property declaration system.At the same time,the United States has also formulated a corresponding external management system to supervise the behavior of SOEs and their public officials in advance,during,and afterwards.In addition,the United States has imposed penalties on the identified corruption crimes,including restrictions on personal liberty,high fines,confiscation of property,and prohibition of employment,crack ing down on SOEs corruption.In America,the corruption governance of SOEs is based on the establishment and improvement of relevant legal systems.In judicial practice,judges continue to interpret and remedy the deficiencies of the existing legal system through continuous creation of laws.Drawing on the results and experience of the US anti-corruption system in SOEs and combining with China's c urrent situation,we should establish and perfect a legal system of anti-corruption suitable for Chinese SOEs.