Study On The Legal Construction Of CCP In Combating Corruption And Building A Clean Government Since The Founding Of New China

Under the background of economic transition, the rampant corruption, the collusion of bureaucrats and merchants, and the abuse of power etc. of Chinese society become increasingly prominent, major cases of corruption happen now and then, the harmfulness of corruption becomes unprecedentedly serious, and the cyclones of people’s appealing for anti-corruption are growing increasingly high. On this occasion, combing and arranging the proper sequences of CCP’s legal construction in combating corruption and building a clean government in its sixty years’ruling practice, summarizing and rethinking its successful experience and lessons in failure, will benefit the legal construction of combating corruption and building a clean government and do much good to lead the way with Chinese characteristics of combating corruption and building a clean government. The direct target of this dissertation is to summarize the process, characteristics, experiences and tendencies in the CCP’s primary legal construction in combating corruption and building a clean government in its sixty years’ruling practice, to research how to construct the system of laws and statutes of combating corruption and building a clean government. For this purpose, my dissertation, under the guiding ideology of combating corruption and building a clean government from the aspect of rule-of-law thought and way, from the academic angles of party history and party building, jurisprudence, politics and sociology etc., integrating the modes of historic study, comparative study and positive study, approaches systematically and totally the ruling party’s legal construction in combating corruption and building a clean government, endeavoring to give some project on the direction and special way of legal construction in combating corruption and building a clean government. This topic will be unfolded from the following five aspects:The first chapter deals with the main thought resources of CCP’s legal construction in combating corruption and building a clean government. Chinese traditional thought, western thought, Marxist classical writers’thought, and CCP’s thought on this topic will be touched respectively.The second chapter sorts out and analyzes the CCP’S experiences and learned lessons on legal construction in combating corruption and building a clean government before the reform the opening up to the outside world. During this thirty years, the ruling party thought of the erosion from the remaining feudalist poison and the bourgeoisie corrupting values as the main origin of corruption, so much so that the main anti-corruption way is the political thought education, manipulating mass movement, attaching much importance to the trial and punishment of major cases which the people focused, and the legal construction is in a secondary position.The third chapter summarizes the attainments and lessons of CCP’S legal construction in combating corruption and building a clean government since the reform and opening up to the outside world. Since the reform and the opening up to the outside world, the second and third generation of the CCP’s leadership respectively with Deng Xiaoping and Jiang Zemin at the core, learn the painful lessons from the decade Culture Revolution, follow a comprehensive assessment of the overall situation, realize the modern transition in combating corruption and building a clean government, i.e., to strengthen the legal construction, and to root out the corruption through rule-of-law way and thinking. Since the reform and the opening up to the outside world, the cause of combating corruption and building a clean government has been shifting from mass movement anti-corruption to institutionalized long-reaching anti-corruption, from concentrating on retrospective punishment to concentrating on both prevention and punishment, from targeted cleanup to over-all anti-corruption, and achieved remarkable results. But there still remain such problems as the legal construction cannot be synchronized with the market economic reforms, the anti-corruption law system is not comprehensive, the anti-corruption legislation is low-level, the supervision mechanism is not perfect, the preventive mechanism fails, punishment is not enough, anti-corruption is selective, and the international operation in anti-corruption legislation lags, etc.The fourth chapter discusses the new situation and new problems of CCP’s legal construction in combating corruption and building a clean government. The fourth plenary session of the17th party central committee points out that, the profound changes of world situation, circumstances and party situation have put forward new requirements for the party building, and the present legal construction in combating corruption and building a clean government has also shown new features, i.e. the legal system of combating corruption and building a clean government is increasingly tight, more and more importance has been attached to the punishment and prevention of corruption through institutional reform and system creation, the internet anti-corruption has risen and institutionalized, the international judicial exchanges and cooperation in anti-corruption have been strengthened. And the main problems under new circumstances are, the legal construction lags behind the situation, and the problems of disobeying the law, lack of law enforcement, suppressing the law with power, and favoritism are still persist. the coordination of law and party statute and costumes remains to be further improved, the cooperation of national judicial system and the ruling party discipline-inspection system remains to be further improved.The fifth chapter gives some thought on the CCP’s legal construction in combating corruption and building a clean government under new situation. In the new circumstances, the basic idea should be established that the rule of law is the main way to govern the country, to administrate, to discipline the power and to manage the officials, and from the following respects to further promote the legal construction in combating corruption and building a clean government, i.e., first, to further improve the system of law and statute in combating corruption and building a clean government, to make the anti-corruption law, the law of public officials political ethics, the law of property declaration of public officials, administrative procedure act, etc., to establish transparent mechanism of budge, to effectively play fully the role of the supervision law. Secondly, to prevent corruption through institutional reform and system creation, to promote comprehensively the system building to prevent and punish corruption, to implement strictly the accountability in clean and honest administration, to reform the cadre and personnel system, to established the independent and professional clean administration and anti-corruption agency, to broaden the public participation and public opinion supervision. Thirdly, to investigate and settle corruption cases according to law and discipline, i.e., to improve the discipline inspection and supervision system, to strengthen the division of labor and cooperation between discipline inspection organs and the judiciary, to deepen the judiciary system reform, to ensure the fair administration of justice. Fourthly, to strengthen the anti-corruption judiciary exchanges and cooperation.In summary, in order to promote comprehensively the legal construction of combating corruption and building a clean government, to lead the way with Chinese characteristics of combating corruption and building a clean government, you must conform to the profound changes in world situation, circumstances and party situation, based on socialist market economy and democratic politics, establish and improve the mechanism of constrain and supervision of power, pay attention education, system and supervision, combine the prevention and punishment of corruption, so as to realize the modern transition from mass movement anti-corruption to rule-of-law anti-corruption, from inside-party anti-corruption to institutionalized anti-corruption, and to establish a long-reaching mechanism of combating corruption and building a clean government.