Corruption is a cancer in the world that destroys the credibility of the
state and damages the interests of the people. It is the consensus and choice
of the international community to prevent and punish corruption through
anti-corruption legislation. There are three legislative models of
anti-corruption basic laws in the world: the criminal legislative model which
focuses on ex post punishment; the preventive legislative model which focuses
on advancing prevention; the comprehensive legislative model which combines
criminal punishment and pre-prevention. The Supervision Law is the latest
achievement of China’s specialized anti-corruption legislation, but from the viewpoint of its
legislative purpose and the setting of its provisions, it is not yet able to
shoulder the responsibility of being conceptual design of a basic
anti-corruption law. In the long run, China’s
anti-corruption work needs a basic anti-corruption law construct with both
prevention and punishment of corruption under comprehensive legislative model
to lead and guide China’s anti-corruption cause from both “prevention” and “punishment” aspects, and accelerate the modernization of China’s
corruption governance system and governance capacity.
References
[1]
Gong, T., & Yang, S. L. (2019). Controlling Bureaucratic Corruption. In Oxford Research Encyclopedia of Politics. https://oxfordre.com/politics/view/10.1093/acrefore/9780190228637.001.0001/acrefore-9780190228637-e-1463
[2]
He, J. H. & Zhang, X. M. (2015). Research on Anti-Corruption Legislation. Criminal Science, 6, 3-22.
[3]
Hope Sr., K. R. (2017). Fighting Corruption in Developing Countries: Some Aspects of Policy from Lessons from the Field. Journal of Public Affairs, 17, Article ID: e1683. https://doi.org/10.1002/pa.1683
[4]
Liu, X. H. (2020). Vietnam Anti-Corruption Law. Southeast Asian Studies, 3, 24-51.
[5]
Liu, Y. H. (2017). Research on Anti-Corruption Legislation in China (p. 128). China Legal Publishing House.
[6]
Liu, Y. H., & Ji, Y. (2016). On Construction of Anti-Corruption Basic Law. Administrative Law Review, 2, 18-26.
[7]
Mansoor Marican, Y. (1979). Combating Corruption: The Malaysian Experience. Asian Survey, 19, 597-610. https://doi.org/10.2307/2643897
[8]
Michael, T. (2019). Humanity in the Enforcement of Anti-Corruption Laws. Jurnal Hukum Bisnis Bonum Commune, 2, 211-215. https://doi.org/10.30996/jhbbc.v2i2.2597
[9]
Nawab Zadah Khan, M. S. K., Mat Ghani, N., & Mohamad, N. (2006). Prevention of Corruption Practices in Malaysia: “Suitability of Deterrent Sentence”. https://ir.uitm.edu.my/id/eprint/31970/
[10]
Peng, X. L. (2021). On the Legislative Improvement of the Criminal Law of Corruption Crime in China. Law Science Magazine, 3, 68-77.
[11]
Quah, J. S. (2018). Combating Corruption in Asian Countries: Learning from Success & Failure. Daedalus, 147, 202-215. https://doi.org/10.1162/daed_a_00511
[12]
Vian, T. (2020). Anti-Corruption, Transparency and Accountability in Health: Concepts, Frameworks, and Approaches. Global Health Action, 13, Article ID: 1694744. https://doi.org/10.1080/16549716.2019.1694744
[13]
Wei, C. D. (2016). Corruption Governance Model and China’s Anti-Corruption Legislative Choice. Social Science Front, 6, 197-205.
[14]
Zhang, Q. Y., & Liu, M. (2013). Discussion on Punishment and Prevention of Corruption Legislation. Gansu Social Sciences, 6, 144-146.
[15]
Zhang, Y. X. (2020). On Several Problems of the Implementation of the Supervision Law of China and Its Improvement. Law Science Magazine, 41, 41-49.