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Research On The Statutes Of The Republic Of Singapore Prevention Of Corruption Act

Posted on:2018-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q WangFull Text:PDF
GTID:2336330515983841Subject:Legal history
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After the independence of Singapore,corruption governance has achieved very good results,in the eighties of last century has reached today’s clean level.Singapore has been able to quickly reverse the situation of corruption in the period of self-government,and long-term to maintain a high level of integrity,the Prevention of Corruption Act(POCA)contributed.This paper systematically discusses the historical evolution,main contents and implementation status of POCA,and then analyzes the inspiration of Singapore’s anti-corruption measures and experience to our country.Studying POCA will help us understand Singapore’s anti-corruption process and learn from Singapore’s successful experience of anti-corruption.This article first combs the history of POCA.Singapore’s provisions on corruption have originated in the Colonial Colonial Penal Code(1871).In order to effectively combat corruption,the colonial government enacted and amended the Prevention of Corruption Ordinance(1937),but because of its content and the lack of independence of law enforcement agencies,and ultimately difficult to curb the proliferation of corruption.After the autonomy of Singapore,POCA(1960)was promulgated and POCA was amended and perfected 10 times.Has four times to explore the establishment of the Corruption Bureau in the post and staffing,making the corruption investigation staff structure tends to be reasonable.The increase in the attempted crime and conspiracy to be punished,the application of POCA and the additional bribery offense,the addition of false or misleading information,and the increase in all the amount of fines of 1960’s POCA,the intensity of corruption is increasing.The Director of the Corruption Investigation Bureau,the Deputy Secretary,the Assistant Secretary and the Special Investigator,have increased the Occupational Retirement Plan to protect the interests of the officials of the Corruption Investigation Bureau and have given the above four officers the right to armed,The protection of personnel is constantly strengthening.After three amendments,the scope of the investigation and seizure of the Corruption Investigation Bureau has been extended to any items and property related to the crime,and the scope of the investigation by the Corruption Investigation Bureau has been extended to all crimes,the power of the suspect to provide the relevant information to the Prosecutor is extended from its own to his or her spouse and children,and the power of the Corruption Investigation Bureau and the Prosecutor is expanding.In addition,the granting of the President’s Office of the Director of the Corruption Investigation Bureau has made the independence of the Council growing.POCA has been improved,mainly due to the long-term British colonial rule brought to Singapore the traditions and customs of the rule of law,Singapore’s own survival and development needs,Lee Kuan Yew’s promotion and the influence of party competition.Secondly,this article has carried on the comprehensive analysis to the main content of POCA.On the crime of corruption of the object of "bribery",POCA made the most broad explanation,that is,not only the property interests and non-property interests,but also promised,agreed to the interests of the act of the behavior identified as bribery;and the introduction of the concept of agent and client,to build the main agent of the main bribery crime,corruption,the object of infringement of the interests of the principal.The granting of the right to investigate,right to seize the right to seize,to obtain the right of investigation,to grant the right of investigation and access to information related to the right to investigate and deal with corruption.Provides for crimes and penalties directly related to corruption,as well as crimes and penalties that prevent corruption from being investigated.In order to investigate corruption more quickly and more,it also stipulates some special evidence system,mainly bribery presumption system,habitual evidence not to adopt system,tainted witness system and protection of prosecutor evidence system.In addition,this article introduces the implementation of POCA.The enforcement agency of the Act has a well-established organization and reasonable staff.The Council provides a wide range of reporting channels for the people and provides clear procedural and temporal requirements for the acceptance,handling and investigation of reports.From the Corrupt Practices Investigation Bureau in recent years to deal with the specific circumstances of the case,the Bureau of the efficiency of handling cases continue to increase;corruption is mainly concentrated in the private sector.The implementation of the law has promoted the perfection of anti-corruption laws,won the reputation of cleanliness in Singapore,and promoted Singapore’s economic development and political stability.The law is also facing some problems and challenges in recent years,frequent cases of corruption in senior officials,so that Singapore has a certain degree of cleanliness;the effectiveness of the law to play a large extent depends on the Prime Minister’s personal will,the lack of the Prime Minister’s Constraints.Finally,this paper analyzes the revelation of Singapore’s Anti-bribery Law against China’s current anti-corruption.Singapore’s success in combating corruption through POCA is due to stringent law enforcement of corruption,strict enforcement of anti-corruption agencies and strong political resolve,whether it is legislation,law enforcement or political determination,and Singapore has implemented Corruption"zero tolerance" strategy.Since the 18th century,China’s anti-corruption into a new stage,in order to remove corruption,whether from legislation,law enforcement or political determination,we still need to learn from Singapore zero zero tolerance strategy.
Keywords/Search Tags:Singapore, Prevention of Corruption Act, corruption, the Corrupt Practices Investigation Bureau
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