Jurisprudence Analysis And Perfection Way Of Anti-corruption Legislation In China

Theory and practice have proved that the rule of law against corruption is an effective means and an inevitable choice for a country to carry out an anti-corruption struggle.Strengthening anti-corruption legislation is an important foundation for achieving anti-corruption by the rule of law.Since the founding of the People's Republic of China,the corrupt governance in our country has gone from the campaign against corruption such as “three oppositions and five oppositions” and “rectification and reorganization” to the organized anti-corruption such as “cracking down serious crimes in the economic field”,and then to taking the Party normative documents and administrative rules as the main body of the anti-corruption.These anti-corruption model in different stages of social history has played an important role in promoting China's anti-corruption work is always “in progress”.However,as the economic transformation and development continue to accelerate,some corrupt practices that are implemented through new types of means are becoming more subtle and continue to challenge and impact the traditional model of anti-corruption.In this context,promoting the organic connection between the fight against corruption and the construction of the rule of law is an effective way to achieve normal,systematic,and standardized anti-corruption behavior.The paper begins with the concept of anti-corruption legislation,using the self-contradict theory point of view,from the aspects of jurisprudence analysis of connotation and denotation of anti-corruption legislation,explores the corruption and anti-corruption on “power,interests and behavior” opposite and unity of the three key elements,analyzes the legal basis of anti-corruption legislation.On this basis,it systematically reviewed the anti-corruption legislation process in China and the preliminary anti-corruption legal system.It exemplifies that the current anti-corruption legislation in China currently has a heavy weight,a heavy punishment,a lighter approach to prevention,a process of focusing on entities,a process of reformulating light connections,etc.Problems;and from the international community and other countries at the regional level,we have selected some anti-corruption legislation samples that can be used for reference.Finally,with the guidance of “based on the present,focusing on the long-term,taking his command and supplementing his own shortcomings”,he studied and put forward the spirit of the rule of law and system thinking that China's anti-corruption legislation should adhere to,and promoted the concept of anti-corruption legislation in China from “punishing type” to “Pre-punishment collaborative type” change.In the specific legislative practice,we must adhere to the principles of systematicness and clarity,preposition and “zero tolerance”,economy and efficiency,strengthen the scientific planning of legislation,pay attention to the coordination of legislative nature,functions and forms,and promote the realization of The convergence of discipline and law,domestic law and international law,establish a sound and rigorous,standardized and effective anti-corruption legal system.