| As China’s anti-corruption struggle has made significant progress,the role and effectiveness of laws in combating corruption have been deepened.Promoting national anti-corruption legislation and establishing an anti-corruption legal system to make the law an"important tool" for combating corruption plays an important role in consolidating the achievements of anti-corruption work and promoting the fight against corruption.The so-called anti-corruption legal system must be a complete system including the laws of various departments.At present,the anti-corruption legislation focuses on the supervision law of the people’s Republic of China,mainly in the field of public law,and there are few laws,regulations and provisions on corruption in private law.China ratified and acceded to the United Nations Convention against corruption as early as 2005.The Convention puts forward that the victims of corruption have the right to claim damages.Each State Party should refer to the provisions of the Convention and innovate in its domestic legislation.In 1999,the Council of Europe’s 1999 Civil Law Convention on corruption is the most representative civil treaty in the civil field,which also stipulates the content of civil liability for damage caused by corruption.It can be seen that the international civil liability for corruption is recognized.This paper limits the nature of the behavior studied to the scope of "corruption".Due to the special nature of corruption,the investigation of responsibility for corruption is limited.Corruption involves many forms,including both official and non official acts,both criminal and illegal acts,etc.In China,the term corruption is always connected with job-related behavior and criminal behavior,so that the role of civil law in combating corruption has been ignored for a long time.The traditional criminal law theory holds that corruption crime is a crime without specific victims,so there is almost no research on the civil liability of corruption in China.Because the subject of corruption is mostly public officials,the victims of duty infringement involving corruption usually apply for state compensation or file an administrative lawsuit to seek relief,but there are various restrictions on state compensation,which sometimes can not fully cover the losses of the parties.According to the analysis of a large number of corruption cases,the author finds that corruption will not only damage public interests,but also directly damage individual civil rights and interests.Corruption is an act of abusing power for personal gain.Criminal law believes that corruption is mainly manifested in the forms of embezzlement and bribery.When corruption appears in the form of embezzlement,it mostly infringes on social and public interests and national interests;When corruption appears in the form of bribery or other behaviors,sometimes it will directly occupy other people’s resources,benefits and opportunities,and damage personal interests.Ignoring the role of civil law in combating corruption will not only lead to the absence of civil law in the anti-corruption legal system,but also lead to the failure to protect the legitimate rights and interests of victims.Therefore,this paper takes the perspective of the relationship between state compensation and civil compensation,puts forward the idea of using civil means to investigate the civil responsibility of corruption by investigating the relevant research results at China and abroad and querying domestic corruption cases.First of all,when the corrupt act meets the constitutive requirements of civil tort liability,the victim should be given the right to file a civil lawsuit and claim civil compensation.Secondly,civil compensation and state compensation should go hand in hand.Not all corrupt acts can be held accountable by requesting state compensation,and state compensation can not always make up for all the losses of the parties.Therefore,when the corrupt act involves both duty infringement and the constitutive elements of civil infringement,the parties should be given the right to choose the procedure,so that the rights can be fully relieved. |
