| As a "slide of social slope",corruption will oppose the existing order and affect the overall development of national economy and society.And anti-corruption is a long-term and systematic project.We should not only coordinate domestic anti-corruption work,but also strengthen global cooperation,fully mobilize the strength of all sectors of the global society,and establish a regular joint effort against corruption.Cambodia acceded to the Convention in 2007 and enacted the Cambodia Anti-corruption law in 2010.As a state party to the convention,Cambodia needs to improve its domestic anti-corruption legislation in accordance with the provisions of the convention and bring its domestic anti-corruption mechanisms and concepts into line with international practice.In addition,with the advancement of the China-ASEAN Free Trade Area process,it is significant to compare the Cambodian anti-corruption legal text with the content of China’s anti-corruption legislation on the basis of interpretation.This article uses the analysis and the comparison method to interpret "the Cambodian anti-corruption law",first carries on the comparison with "the convention",obtains the Cambodian anti-corruption legislation insufficiency and the consummation suggestion;Then the content of the interpretation part is compared with China’s anti-corruption legislation,in order to deepen the understanding of the anti-corruption legislation in Cambodia and China,promote the promotion of China-ASEAN Free Trade Area,and further improve the content of China’s anti-corruption legislation.In addition to the introduction and conclusion,the full text is divided into four parts,totaling 42,000 words:The first part analyzes the types of corruption crimes in Cambodia.First of all,there is no unique meaning of corruption recognized by all countries in the world.Studying the specific forms of corruption in various countries can deepen the understanding of the meaning of corruption.Second,Cambodian law defines the manifestations of corruption.The definition of corruption acts is an important prerequisite to distinguish the types of corruption crimes in Cambodia.After the definition,a comparative analysis of the main charges in the Anti-corruption Law of Cambodia in accordance with the provisions of the Convention can deepen the understanding of the legislative content of corruption crimes.The second part is the research on the prevention mechanism of corruption crime in Cambodia.From the legislative point of view,Cambodia has set up an asset and liability declaration system to improve domestic transparency,focusing on preventing official corruption.But there are many shortcomings in practice.Secondly,the Preventive anti-corruption agency is a full-time agency to fight corruption.As a preventive anti-corruption agency,the Cambodian Anti-corruption Bureau undertakes a number of anti-corruption responsibilities.Finally,public participation is an important force in promoting anti-corruption work.At present,the degree of public participation in Cambodia is low,which still needs to be improved by improving the protection of whistleblowers’ rights,broadening the channels of public participation and establishing public opinion feedback mechanism.The third part,Cambodia’s international cooperation against corruption.First,extradition is an important means to combat serious international crimes.Article 50 of the anti-corruption law makes it clear that Articles 566-595 of the Cambodian criminal procedure law apply to extradition in cases related to corruption offences.Secondly,mutual legal assistance in Cambodia applies to the service of judicial documents,the collection of evidence and the assistance in investigations,and the draft mutual legal assistance being drafted should incorporate the provisions of the Convention on the state party’s Law on mutual legal assistance.Lastly,the provisions on joint investigations in Cambodia were still blank and joint anti-corruption investigations should be established with other countries under multilateral or bilateral agreements or carried out on a case-by-case basis.The fourth part is the comparison of anti-corruption legislation between China and Cambodia and its reference significance to China.This part is based on the interpretation of Cambodia’s Anti-corruption Law in the first three parts of the article,and compares Cambodia’s anti-corruption legislation with China’s provisions on this part.It can be seen from the comparison that some contents of corruption crime types and corruption prevention provisions in Cambodia’s anti-corruption legislation are more in line with the requirements of the Convention,which can be used for reference in China.In terms of the provisions of the types of corruption crimes,we can increase the charges of corruption crimes and perfect the establishment requirements of corruption crimes.In the prevention of corruption,we can perfect our country’s declaration system,strengthen the independence of preventive anti-corruption institutions and increase the publicity and education of the whole people against corruption. |
PDF Full Text Request