Government and Policy

China has legal framework in place for combating corruption

(Xinhua)
Updated: 2010-12-29 16:17

BEIJING - China has gradually established an effective legal framework for combating corruption and clean governance with rigorous procedures and well-matched regulations, according to a white paper released on Wednesday.

China adheres to the rule of law as a fundamental principle, and continuously promotes legalization and standardization in the fight against corruption and the building of a clean government, says the white paper, China's Efforts to Combat Corruption and Build a Clean Government.

"Based on the Constitution of China, a series of laws and regulations have been enacted for combating corruption and building a clean government, and based on the Constitution of the Communist Party of China (CPC), a series of intra-Party rules and regulations have

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been worked out," says the white paper, which was released by the Information Office of the State Council, China's cabinet.

The paper says the CPC has issued a series of codes of conduct and ethical rules for Party cadres, and is building and improving a system to prevent conflicts of interest to ensure that Party cadres work in a clean and honest way.

For instance, the CPC issued a conduct code called the Guidelines of the Communist Party of China for Party-member Leading Cadres to Perform Official Duties with Integrity in 2000.

The code clearly prohibits Party cadres from profit-making activities and seeking illegitimate gains by taking advantage of their positions and power in violation of the established rules.

To ensure the proper exercise of public power, China has enacted a series of laws and regulations to strengthen restraint and supervision over the exercise of power by officials, according to the white paper.

These laws include the Law on the Supervision of Standing Committees of People's Congresses at All Levels, the Law on Administrative Supervision, the Audit Law, the Administrative Reconsideration Law, and the Administrative Procedure Law.

In a bid to institutionalize and improve various aspects of intra-Party supervision, the CPC Central Committee has formulated regulations on intra-Party supervision and inspection work as well as other similar supervisory regulations, says the white paper. To crack down on corruption in line with law and discipline, China has been enacting and continuously improving substantive laws and regulations that punish violations of law and discipline, including criminal punishment, Party discipline and administrative discipline, according to the white paper.

China has revised the Criminal Law and worked out relevant judicial interpretations for the law, which provide an important legal basis for punishing crimes of corruption, says the white paper.

On Party discipline, the CPC has promulgated the Regulations on Disciplinary Sanctions and supporting provisions, which clearly defines the prohibited conducts and prescribes punishment measures, according to the white paper.

Further, China attaches great importance to enacting and improving procedural laws to guarantee the enforcement of the aforementioned substantive laws and regulations, says the white paper.

China's legislature and judiciary and the CPC have all enacted procedural laws including the Criminal Procedure Law and the Regulations of the Communist Party of China on Inspection Work of Disciplinary Inspection Organs.

In addition, China has enacted a series of laws and regulations closely related to corruption prevention such as the Administrative License Law of which regulates the establishment and implementation of administrative licenses, and the Civil Servant Law which regulates the management of civil servants and strengthens supervision over civil servants, according to the white paper.

"To further develop and improve the legal framework for combating corruption and building a clean government, China will attach greater importance to the implementation of laws and regulations, while enacting new laws and regulations and amending existing ones in this regard in accordance with the changing situations in the future," says the white paper.