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Analysis Of China's Anti-corruption Legal System

Posted on:2019-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:T HanFull Text:PDF
GTID:2416330545970761Subject:Legal theory
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Since the 18 th National Congress of the Communist Party of China,the anti-corruption effort in China have entered a new phase which the legislation consummates of anti-corruption is crucial to the legal govern.However,in China,the current legal system of anti-corruption has brought about legislation dispersal for the lack of the guidance of fundamental law,which results in disordering,localization and even conflict.Besides,the mismatching of institution and power,deficiency of key system as well as discordance between institution and functions do exist in the operation of anti-corruption law system.Whereas,the State Committee of Supervisory of the People's Republic of China,the latest achievement of legal governed anticorruption,has manifested that undefined authority property,lax detention regulations and disconnection to criminal justice system.Furthermore,being the law of organization and procedure only,Supervision Law of PRC has not yet figured out the vacancy of fundamental law.As a result,not only Supervision Law but also the State Committee cannot meet the requirements in terms of anti-corruption legislation.Compared with the foreign mature experience of anti-corruption legislation,China should transfer from punishment to precaution and decentralization to centralization.Accordingly,an improved path which enacts the fundamental law of anti-corruption and establishes the assets declaration system and the benefit conflict prevention system for civil servants should be set up so that to curtail the occurrence and development of corruption from the outset.At the same time,active measures must be taken to improve the internal connections of anti-corruption laws and properly handle the connections between Party rules and national laws,which ensures a stratified and integrated legislative system.
Keywords/Search Tags:legislation of anti-corruption, legal system, anti-corruption law
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