Join us for a free one-day workshop for educators at the Japanese American National Museum, hosted by the USC U.S.-China Institute and the National Consortium for Teaching about Asia. This workshop will include a guided tour of the beloved exhibition Common Ground: The Heart of Community, slated to close permanently in January 2025. Following the tour, learn strategies for engaging students in the primary source artifacts, images, and documents found in JANM’s vast collection and discover classroom-ready resources to support teaching and learning about the Japanese American experience.
PRC State Council, China's Efforts to Combat Corruption and Build a Clean Government, December 29, 2010
Chinese government "white paper" published in English on December 29, 2010.
December 29, 2010
Information Office of the State Council of the People's Republic of China
Preface
I. Unswervingly Pushing forward the Undertaking of Combating Corruption and Building a Clean Government
II. Leadership System and Working Mechanism for Combating Corruption and Building a Clean Government
III. Legal Framework for Combating Corruption and Building a Clean Government
IV. Power Restraint and Supervisory System
V. Prevention of Corruption through System Reform and Institutional Innovation
VI. Handling Cases of Corruption in Accordance with Law and Discipline
VII. Education in Clean Government and Construction of the Culture of Integrity
VIII. International Exchanges and Cooperation in Combating Corruption
Conclusion
Preface
Corruption is a socio-historical phenomenon, an inveterate global ailment and an issue of great concern to the general public. It is the firm stance of the Communist Party of China (CPC) and the Chinese government to combat corruption and build a clean government.
The CPC and the Chinese government have been resolutely combating corruption and building a clean government since the founding of the People's Republic of China on October 1, 1949. Since the adoption of the reform and opening-up policy some 30 years ago, especially since the beginning of the 21st century, China's social productive forces have been developing at a high speed, with the overall national strength notably increasing and the people's living standards greatly improving. China's international status and influence have been enhanced remarkably, and great achievement has been made in the socialist construction of economy, politics, culture, society and ecological civilization. In combating corruption and building a clean government, China adheres to the principle of addressing both the symptoms and the root causes of corruption, and taking comprehensive measures to rectify both, combining punishment with prevention while focusing on the latter. It has set up a system for corruption punishment and prevention and attached special importance to the rectification of the root causes and prevention of corruption and institutional improvement in combating corruption. It is trying to broaden work areas to prevent corruption at the source and gradually build a long-term mechanism of education for corruption prevention, a system of combating corruption and building a clean government, and a monitoring mechanism over the exercise of power. A new way of combating corruption and building a clean government that conforms to China's national conditions and displays Chinese characteristics has taken shape.
So far, China's effort to combat corruption and build a clean government, which is managed systematically and promoted comprehensively, has yielded notable results. In the course of carrying out this work intensively, the interests of the state, the general public and citizens have been effectively protected, the situation for reform, development and stability has been constantly consolidated, and great strides have been made towards a strong, prosperous, democratic, harmonious and culturally advanced modern socialist state.
As dramatic changes have been taking place in China's economic system, social structure, the pattern of interests, and people's ideas and concepts, various social contradictions have become increasingly prominent. Since the relevant mechanisms and systems are still incomplete, corruption persists, some cases even involving huge sums of money. Breaches of law and discipline tend to be more covert, intelligent and complicated. The situation in combating corruption is still very serious, and the tasks are still abundant.
The CPC and the Chinese government always keep a clear vision of the long-haul, complicated and arduous nature of the undertaking of combating corruption and building a clean government. They will continue to follow the overall plan to establish and perfect the system of punishment and prevention of corruption, resolutely punish and effectively prevent corruption with more resolutions and powerful measures, so as to win the people's confidence with actual achievements in the anti-corruption campaign.
I. Unswervingly Pushing forward the Undertaking of Combating Corruption and Building a Clean Government
Combating corruption and building a clean government is related to China's national development, the fundamental interests of the overwhelming majority of the Chinese people, social fairness, justice, harmony and stability. It is the consistent stand of the CPC and the Chinese government to resolutely punish and effectively prevent corruption, and endeavor to build a clean government.
Shortly after the founding of the People's Republic of China in 1949, China established state procuratorial organs, government supervisory organs and organs for discipline inspection in the CPC, and promulgated a series of laws and regulations, including the Constitution of the People's Republic of China and Regulations of the People's Republic of China for Suppression of Corruption. The system and mechanism for combating corruption and building a clean government were basically in place. In order to guarantee the purity of the new people's political power, China launched the Three-anti Campaign (anti-corruption, anti-waste and anti-bureaucracy within the Party, government, army and mass organizations) and the Five-anti Campaign (against bribery, tax evasion, theft of state property, cheating on government contracts, and stealing economic information) from the end of 1951 to October 1952. Through these measures, those guilty of bribery and corruption were seriously punished, and a clean, just and lively atmosphere was fostered.
In the late 1970s, China began to carry out the reform and opening-up policy. The reform and opening-up is a process of great social reform from a highly-centralized planned economy to a socialist market economy full of vigor, from a closed or semi-closed state to a state fully opened up to the outside world, which greatly liberated and developed the productive forces, and inspired social vigor. In this process corruption arose to some extent. Facing the new tests and challenges, China has implemented the policy of punishing corruption while making efforts to develop the economy, and carried out a series of special campaigns against such serious economic crimes as smuggling, illegal arbitrage of foreign exchange, embezzlement and taking bribes. A number of laws and regulations, including the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China, were promulgated, together with the establishment of auditing bodies, thus further improving the system of combating corruption and building a clean government, and exploring new ways and methods of combating corruption under the aegis of the law in the new circumstance of reform and opening-up.
In the 1990s, China started to establish the socialist market economic system. Facing rampant corruption arising in the process of system transition, China made the decision to intensify efforts in opposing corruption and established a work pattern in anti-corruption that covered three aspects, i.e., ensuring leading cadres are incorruptible and self-disciplined, investigating and dealing with all breaches of law and discipline, and rectifying malpractices in various trades and departments. It was explicitly stated that both symptoms and root causes of corruption should be addressed, with education as the basis, laws as the guarantee and supervision as the key, and the soil that breeds corruption should be continuously removed through deepening reform. A number of laws and regulations on combating corruption and building a clean government were enacted, thus further improving the anti-corruption system. Anti-corruption and anti-bribery departments, departments dealing with dereliction of duty, malfeasance and infringement of citizens' rights were set up in the procuratorial organs. Many major decisions were made in this regard, including the decision to ban anyone in the army, public security forces or procuratorial, judicial or public security organs to engage in business transactions. Reforms in the structures, mechanisms and systems were carried out regarding administrative examination and approval, financial management, cadre and personnel affairs, etc. In addition, regulations were formulated to make government work, enterprise affairs and village affairs known to the public. The work of combating corruption and building a clean government has embarked on a road that features addressing of both symptoms and root causes of corruption, comprehensive treatment and gradual intensification of efforts to eliminate the root causes.
Since the start of the 21st century, China has placed in a more prominent position the work of combating corruption and building a clean government, adopted the principle of addressing both symptoms and root causes of corruption, enforcing comprehensive treatment, giving simultaneous stresses to punishment and prevention while giving priority to prevention, and establishing the national anti-corruption strategy by setting up and perfecting a system of punishment and prevention of corruption to comprehensively promote this undertaking. In work arrangement, stress has been given to strictly investigating and punishing all violations of the law and discipline, earnestly handling problems concerning leading cadres' honesty and self-discipline, resolutely rectifying malpractices that bring damage to the people's interests, enacting and improving laws and systems on combating corruption and building a clean government, and making great efforts in promoting reforms in major areas and key links. The National Bureau of Corruption Prevention of China has been established to take overall responsibility for the anti-corruption work in all aspects. Efforts are being made to raise the ethical standards of citizens and foster a culture of integrity so as to foster values and concepts upholding integrity among the public. Such values are being promoted in rural areas, enterprises, schools, public institutions, and urban communities, and the mechanism of risk prevention and control related to combating corruption is being established. In combating corruption and building a clean government, China is more explicit in direction, clearer in thought, and more effective in measures. On the whole, it shows a good trend of development.
After constant explorations in this field, China has gained a better understanding of and accumulated rich experience in combating corruption and building a clean government, which has promoted the country's rapid economic development and social stability. According to a survey by the National Bureau of Statistics of China, from 2003 to 2010, Chinese citizens' rate of satisfaction with the work of combating corruption and building a clean government rose steadily from 51.9% to 70.6%, and the percentage of citizens who thought corruption had been kept down to varying extents increased from 68.1% to 83.8%. Moreover, the efforts China has made in this regard have got positive comments from the international community.
II. Leadership System and Working Mechanism for Combating Corruption and Building a Clean Government
China's leadership system and working mechanism for combating corruption and building a clean government is determined by the systems of the state and government. In the practice of combating corruption and building a clean government over the years, China has put into place a leadership system and a working mechanism with Chinese characteristics, in which Party committees take unified leadership of the work, the Party and government both administer it, discipline inspection commissions of the Party organize and coordinate it, different departments take their due responsibilities related to it, and the masses support and participate in the endeavor.
The CPC is the ruling party of China, and thus the effort to combat corruption and build a clean government is under the leadership of the CPC. The Party rules the country in a scientific and democratic manner, and in accordance with the law, and conducts its activities within the framework of the Constitution and laws.
Throughout the history of revolution, construction and reform, the Party has always conscientiously made the work of combating corruption and building a clean government a priority task. Particularly since the reform and opening-up policies were introduced, the CPC Central Committee has formulated a series of strategies, principles and policies related to the work. Since 1993 the CPC Central Committee has been making arrangements for the work of combating corruption and building a clean government in the whole Party and country at annual plenary sessions of its Central Commission for Discipline Inspection. The State Council holds a working conference on building a clean government every year to make arrangements in the government system. The CPC Central Committee and the State Council have issued and revised the Provisions on the Responsibility System for Improving the Party's Style of Work and Upholding Integrity, specifying that leading groups and cadres at different levels should do a good job of combating corruption and building a clean government within their scope of duty in line with the principle of "taking responsibility for what he/she takes charge of" and that whoever violates the Provisions should be held accountable. To meet the requirements of the CPC Central Committee, local Party committees and governments incorporate the work of combating corruption and building a clean government into the overall plans of economic and social development, and into various reforms and policies, and arrange, carry out, examine and evaluate it together with the work of reform and development, thus ensuring that the work of combating corruption and building a clean government moves on steadily and effectively.
Public support and participation is an important foundation for the success of combating corruption and building a clean government. Social organizations, news media and the broad masses of the people play a significant role in making suggestions and offering advices, participating in supervision, and uncovering corruption.
In China, the major functional bodies for combating corruption and building a clean government are the Party's organs for discipline inspection, judicial organs of the state, supervisory and auditing organs of the government, and the National Bureau of Corruption Prevention of China.
The Party's commissions for discipline inspection at all levels are special organs for intra-Party oversight set up in accordance with the Constitution of the Communist Party of China, and their members are elected by the Party congresses at the corresponding levels. As major organs for combating corruption and building a clean government, these commissions undertake the following major tasks: Upholding the Constitution and other statutes of the Party; inspecting the implementation of the lines, principles, policies and resolutions of the Party; and assisting the respective Party committees to improve the Party's style of work, and in organizing and coordinating the work against corruption. Their routine work includes providing education for Party members on their duty to observe Party discipline; overseeing the exercise of power by Party members holding leading positions; examining and dealing with cases in violation of Party discipline; dealing with complaints and appeals made by Party members; and guaranteeing the rights of Party members. The Party's Central Commission for Discipline Inspection functions under the leadership of the Central Committee of the Party. The Party's local commissions for discipline inspection at all levels and primary commissions for discipline inspection function under the dual leadership of the Party committees at the corresponding levels and the commissions for discipline inspection at the next higher level.
The people's courts and people's procuratorates are both judicial organs of the state set up in accordance with the Constitution of the People's Republic of China. The former exercise judicial power independently, while the latter exercise procuratorial power independently, neither being subject to interference by administrative organs, public organizations or individuals. As judicial organs of the state, the people's courts try in accordance with the law all criminal cases, including cases of embezzlement, bribery and dereliction of duty considered to involve corruption, make timely and fair court decisions on cases of embezzlement, bribery and dereliction of duty that the procuratorial organs initiate public prosecution, and punish crimes of corruption in accordance with the law. As state organs for legal supervision, the people's procuratorates pursue liabilities of criminal acts, investigate state functionaries suspected of embezzlement and bribery, dereliction of duty, encroachment of right and other duty-related crimes, prevent duty-related crimes, and submit public prosecutions to people's courts on behalf of the state in accordance with the law. The Supreme People's Court and the Supreme People's Procuratorate also direct the trial and procuratorial work of corruption cases by means of judicial interpretations. The people's procuratorates and the people's courts offer timely procuratorial and judicial suggestions respectively to departments and organs concerned on major issues relating to duty-related crimes arising in the course of investigation and trial of cases.
Supervisory organs of the government are set up in accordance with the Constitution of the People's Republic of China to exercise the power of supervision. They supervise over law enforcement by and integrity and efficiency of state administrative organs, their staff members and other personnel appointed by these organs, organizations empowered by laws or regulations to administer public affairs and their personnel engaged in public service, and organizations entrusted by state administrative organs in accordance with the law to administer public affairs and their personnel.
Auditing organs are supervisory organs through auditing set up in accordance with the Constitution of the People's Republic of China. They supervise through auditing in accordance with the law the revenues and expenditures of all departments under the State Council and of local governments at all levels, and those of the state financial and monetary organizations and of state-owned enterprises and public institutions. China has also put into place a system of economic accountability auditing to supervise major leaders of state organs and other organs to be audited in accordance with the law.
The National Bureau of Corruption Prevention of China is an organ that the Chinese government has specially set up to take overall responsibility for the work of corruption prevention. Its major responsibilities are to organize and coordinate the national work of corruption prevention, make overall plans in this regard, formulate relevant policies, examine and direct the work, coordinate and direct the work of corruption prevention in enterprises, public institutions, social groups, intermediate agencies and other social organizations, and take charge of international cooperation and technical assistance in this regard.
Public security organs, financial institutions and other relevant departments and organizations also undertake the work of combating corruption and building a clean government within the scope of their duties and in accordance with the law.
In the work of combating corruption and building a clean government, the above organizations with different functions are independent in performing their duties and, at the same time, coordinate and collaborate with one another. The Party's commissions for discipline inspection take disciplinary measures against Party members who violate Party discipline, after making investigations and collecting evidence. For those suspected of crimes, the commissions transfer them to judicial organs. Supervisory organs of the state administer punishment to those violating government discipline, and transfer those suspected of having committed crimes to judicial organs. Public security organs, auditing organs and administrative law-enforcement organs transfer those who violate laws or Party or government discipline to judicial organs, the Party's commissions for discipline inspection, or the supervisory organs of the state, depending on the specific circumstances. The people's courts and people's procuratorates transfer to the Party's commissions for discipline inspection or the supervisory organs of the state evidence and materials related to violation of Party or government discipline found in their work.
These organs in China shoulder such important responsibilities as combating corruption and building a clean government, and safeguarding social fairness and justice. In recent years, these organs have taken strict measures to improve the requirement standards, education, management and supervision of personnel for law and discipline enforcement. To be specific, by strengthening internal management and enactment of rules, the mechanism of restraint and supervision has been improved, and personnel for law and discipline enforcement have been urged to use their power impartially and be strict with themselves. By promoting the principle of transparency in power exercise and the system of supervisors for building a clean government, the personnel for law and discipline enforcement have been encouraged to foster the sense of conscientious acceptance of supervision from all quarters, so as to constantly improve their capabilities and levels in law and discipline enforcement, thus providing the organizational guarantee for China's endeavor to combat corruption and build a clean government.
III. Legal Framework for Combating Corruption and Building a Clean Government
China adheres to the rule of law as a fundamental principle, attaches importance to the regulating and safeguarding role of laws and regulations, and continuously promotes legalization and standardization in the fight against corruption and the building of 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 CPC, a series of intra-Party rules and regulations have been worked out, thus gradually establishing a legal framework for combating corruption and building a clean government with scientific contents, rigorous procedures, well-matched regulations and effective administration.
In order to ensure that leading cadres work in a clean and honest way, the CPC has issued a series of codes of conduct and ethical rules for Party members who hold leading positions, and is building and improving a system to prevent conflicts of interest. The Guidelines of the Communist Party of China for Party-member Leading Cadres to Perform Official Duties with Integrity, released for trial implementation in 1997 and for implementation after revision in 2010, clearly prohibit Party-member leading cadres engaging in profit-making activities and seeking illegitimate gains by taking advantage of their positions and power in violation of the established rules. The Guidelines have provided relatively comprehensive regulations on Party-member leading cadres in performing their official duties with integrity under the conditions of the socialist market economy, and have thus become the basic intra-Party rules regulating the behavior of Party-member leading cadres. In view of the new situation and problems arising in power-for-money cases, the CPC promulgated the Regulations of the Central Commission for Discipline Inspection of the Communist Party of China on the Strict Prohibition of Seeking Illegitimate Gains by Misuse of Office in 2007, specifying methods of handling eight types of misconduct of Party-member cadres, including abuse of power for personal gain, which might appear during economic and social interactions. The Regulations on the Executives of State-owned Enterprises for Performing Management Duties with Integrity (Trial) released in 2009 clearly prohibit leading officials of state-owned enterprises from seeking profit through misuse of office for either themselves or any related parties and undermining the interests of the enterprises. To regulate leading cadres' performance of official duties with integrity, a number of regulations have been promulgated, including the Regulations on Implementing the System of Registration for Gifts Received in Domestic Social Activities by Functionaries of Party and State Organs, which clearly demand that the functionaries of Party and state organs must not accept any gifts or grants that might influence their impartial performance of official duties; the Regulations on Leading Cadres' Report of Relevant Personal Matters, which requires leading cadres to honestly report their incomes, housing and investment owned or made either by themselves or together with their spouses and children living with them, as well as the employment status of their spouses and children; and the Interim Regulations on Strengthening Management of State Functionaries Whose Spouses and Children Have Emigrated Abroad. These regulations play an important role in safeguarding the national interests and in the management of Party members and state functionaries in accordance with the law, as well as in enhancing the sense of leading cadres in performing their official duties with integrity.
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 leading cadres. The Law of the People's Republic of China on the Supervision of Standing Committees of People's Congresses at All Levels enacted in 2007 strengthened the supervisory role of those committees in the form of law over the administrative, judicial and procuratorial powers of the people's governments, people's courts and people's procuratorates at corresponding levels. Also enacted are the Law of the People's Republic of China on Administrative Supervision, Audit Law of the People's Republic of China, Administrative Reconsideration Law of the People's Republic of China, Administrative Procedure Law of the People's Republic of China to establish the systems of administrative supervision, audit supervision, administrative reconsideration and administrative procedure to strengthen supervision over the administrative organs and their staff. The CPC Central Committee formulated the Regulations of the Communist Party of China on Intra-Party Supervision (Trial), Regulations of the Communist Party of China on Inspection Work (Trial), Interim Measures on Conducting Admonition Talks and Written Inquiries with Party-member Leading Cadres, and Interim Regulations on Report by Party-member Leading Cadres on Their Work and Integrity, institutionalizing and improving various aspects of intra-Party supervision.
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. In the case of criminal punishment, by formulating and revising the Criminal Law of the People's Republic of China, the liabilities of corruption-related crimes, such as embezzlement, bribery, dereliction of duty, holding a huge amount of property with an unidentified source, have been defined. The Supreme People's Court and the Supreme People's Procuratorate have worked out relevant judicial interpretations for the law, making them an important legal basis for punishing crimes of corruption. In the case of Party discipline, the CPC promulgated the Regulations on Disciplinary Sanctions of the Communist Party of China and supporting provisions, which clearly define conducts of Party members that go against the Party's stipulations for clean government and self-discipline, embezzlement and bribery, as well as acts in violation of financial and economic discipline, and prescribe five measures for enforcing Party discipline: explicit warning, stern warning, removal from post within the Party, probation within the Party and expulsion from the Party. In the case of administrative discipline, the state has promulgated the Regulations on the Punishment of Civil Servants in Administrative Organs, which specify the principles, power limit, the types of misconduct and the punishment standards, including explicit warning, recording of demerit, recording of major demerit, demotion, dismissal from post and discharge from office.
China attaches great importance to enacting and improving procedural laws to guarantee the enforcement of the aforementioned substantive laws and regulations. The Criminal Procedure Law of the People's Republic of China, Criminal Procedure of the People's Procuratorates and Measures of Supervisory Organs for the Investigation and Handling of Administrative Disciplinary Cases by the state legislature, judicial authorities and relevant organs, as well as the regulations enacted by the CPC, including the Regulations of the Communist Party of China on Inspection Work of Disciplinary Inspection Organs, provide a legal basis for the acceptance, investigation, trial and appeal work in respect of criminal and discipline-breaching cases, and have established systems of witness and reporter protection, case transfer and coordination, as well as the system of the protection of the rights of the defendants and those being sanctioned.
In addition, China has enacted a series of laws and regulations closely related to corruption prevention. The Administrative License Law of the People's Republic of China regulates the establishment and implementation of administrative licenses, and guarantees and supervises the effective administration of administrative organs. The Civil Servant Law of the People's Republic of China regulates the management of civil servants and strengthens supervision over civil servants, so as to make them diligent and honest in performing their official duties. The Government Procurement Law of the People's Republic of China, Anti-monopoly Law of the People's Republic of China and Bidding Law of the People's Republic of China regulate administrative discretion and give play to the market's fundamental role in allocation of resources so as to effectively prevent corruption. The Judges Law of the People's Republic of China, Procurators Law of the People's Republic of China and People's Police Law of the People's Republic of China clearly stipulate the qualifications, administration and supervision of judicial officers, and fortify the requirement of law enforcement with integrity. In accordance with the Constitution and state laws, the various localities and departments have also enacted and issued their own local and departmental regulations to combat corruption, thereby improving the legal framework for combating corruption and building a clean government in China.
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.
IV. Power Restraint and Supervisory System
On the principles of reasonable structure, scientific distribution, rigorous procedures and effective restraint, China is gradually establishing a sound power structure and enforcement mechanism featuring both restraint and coordination among decision-making power, executive power and supervisory power to promote procedural power exercise featuring transparency and strengthen restraint and supervision of power exercise. Now, a supervisory system with Chinese characteristics has been established, composed of intra-Party supervision in the CPC, supervision by the National People's Congress and the local people's congresses (NPCs), supervision within the governments, and democratic supervision by the Chinese People' s Political Consultative Conference National Committee and local people's political consultative conferences (CPPCCs), judicial supervision, supervision by the general public and supervision by public opinion. These relatively independent supervision mechanisms collaborate closely with one another to form an integrated force.
The intra-Party supervision of the CPC refers to supervision over leading organs of the CPC at all levels and leading cadres, especially principal leaders of leading bodies at all levels, by the CPC organizations at all levels and all Party members in accordance with the Party Constitution and other intra-Party regulations, as well as state laws. The CPC has been unremittingly exploring new measures and methods to enhance intra-Party supervision, and has further improved the 10 systems of intra-Party supervision, including those of collective leadership with individual responsibility in line with division of work, notification and report on important matters, democratic meetings of leading Party organizations, as well as question and inquiry. The Central Committee of the CPC and Party committees at the provincial level have all established inspection bodies to inspect and supervise leading organs of the subordinate Party organizations and their members with respect to the implementation of the Party's line, principles, policies, resolutions and decisions, as well as the implementation of the responsibility system in improving the Party's style of work, upholding integrity and combating corruption and their own efforts in being honest and diligent in performing their official duties. The CPC discipline inspection organizations provide unified leadership to their dispatched units to various organizations to strengthen supervision over the principal cadres of leading bodies of these organizations. Great efforts have been made to develop intra-Party democracy to create advantageous conditions for strengthening intra-Party supervision. Efforts have been made to improve the system of Party congresses so as to bring into better play the role of plenary sessions of the Party committees in making decisions on important matters, and implement and improve the system of the standing committees reporting their work to the plenary sessions of the Party committees regularly and receiving their supervision. Efforts have been made to reform and improve the intra-Party electoral system, define the scope and proportion of competitive recommendation of candidates and competitive election, and gradually expand the scope of direct election for members of leading bodies of grass-roots Party organizations. The Regulations of the Communist Party of China on Protecting the Rights of Party Members has been promulgated for implementation, and it has specified the procedure for Party members to exercise their rights as well as their rights to participate in the intra-Party supervision.
Supervision by the NPCs at all levels refers to supervision over state administrative organs and judicial organs as well as the enforcement of laws by state power organs on behalf of the state and people. The Constitution stipulates that all power in the People's Republic of China belongs to the people. The National People's Congress and the local people's congresses at various levels are the organs through which the people exercise state power. All administrative, judicial and procuratorial organs of the state are created by the people's congresses to which they are responsible and by which they are supervised. The people's congresses exercise various functions and powers of supervision conferred by law, and enhance supervision over the governments, courts and procuratorates as well as their staff by means of question, inquiry, law-enforcement inspection, hearing and review of working reports and budget examination to promote administration according to the law and judicial justice, and prevent and curb all corrupt phenomena.
Internal supervision of governments refers to hierarchical supervision and supervision by specific inspection and audit organs. The hierarchical supervision means supervision by governments and governmental departments at higher levels over those at lower levels, by governments over their various departments and by chief executives over their subordinates. The supervisory organs perform in full their statutory functions and responsibilities, conduct inspections on law enforcement, clean government and government efficiency, conduct supervision over the supervised bodies in their exercise of functions and powers, performance of duties as well as diligent and honest governance in accordance with the law. Auditing organs, in accordance with the law, exercise supervision over the implementation of budgets, final accounts and other fiscal incomes and payouts of the government. These forms of supervision play an important role in regulating administrative law enforcement, promoting administration in accordance with law and building a government under the rule of law.
Supervision by the CPPCCs at all levels is a form of supervision featuring Chinese characteristics. The CPPCC is an important organ of multi-party cooperation and political consultation under the leadership of the CPC. The CPPCCs conduct supervision over the implementation of the Constitution, state laws and regulations, important principles and policies, and performance of duties and observation of law and discipline by state organs and state functionaries by means of convening meetings, submitting motions, organizing CPPCC committee members on inspection tours and holding democratic appraisals. Party committees of the CPC and people' s governments at all levels all solicit opinions and suggestions from the CPPCCs at corresponding levels and other democratic parties before making crucial decisions and enacting important regulations.
Judicial supervision includes supervision by people's courts and people's procuratorates. Supervision by people's courts refers to supervision over the legality and fairness of the trials of people's courts conducted by the higher-level people's courts on lower-level people's courts and by the Supreme People's Court on all people's courts across the country. People's courts also monitor the legality of specific administrative actions of the governments by way of reviewing administrative cases. Supervision by people's procuratorates refers to legal supervision over litigation activities and misconduct of state functionaries. People's procuratorates exercise full-scale supervision over litigation activities in the case registration, investigation, trial, execution of penalties and management of inmates, and exercise supervision over state functionaries by way of investigating such duty-related crimes as embezzlement, bribery, dereliction of duty and infringement of others' rights.
The Constitution endows citizens with the rights to criticize, advise, appeal, lodge lawsuit against or impeach state organs and state functionaries. In China, the channel is unimpeded for citizens to be involved in the combat against corruption by means of impeaching and lodging lawsuit. The governments at all levels in China have set up special organs to handle letters and calls of complaints as well as opinions, suggestions and accusations from the people. Discipline inspection organs of the CPC at all levels, state procuratorial organs, government supervisory organs and audit organs have all established the offence reporting system, opened up offence reporting hotlines and set up offence reporting websites to take reports of misconduct and complaints from the people. The relevant departments, according to laws and discipline, investigate or transfer the clues of reported cases to departments concerned. The state attaches great importance to protecting the legitimate rights and interests of the informants while encouraging people to report on cases of corruption. Clear stipulations on protecting informants are provided in the Criminal Law, Criminal Procedure Law, Administrative Supervisory Law and intra-Party regulations of the CPC, ruling that the information about the informants must be kept confidential; disclosure of an informant's identification is strictly banned; and punishment will be meted to anyone who disclose an informant's identification and conditions and/or the reporting materials provided by the informant to the reported department or person, and anyone who retaliates on the informant.
China lays great store by supervision from public opinion. The right to interview and right to supervise through public opinion of news media, including newspapers, television and radio, are protected by law. News media are encouraged to expose unhealthy tendencies of all kinds and violations of law and discipline by Party and government organs as well as their functionaries. The government departments pay great attention to problems reported in the media, actively respond to social concerns and work out solutions in time to improve their work. In recent years, with the rapid development and popularity of the Internet, supervision through the Internet has become a new form of supervision by public opinion that spreads quickly, produces great influence and features a wider range of participation. China highly values the positive role played by the Internet in enhancing supervision, conscientiously strengthens the collection, research, judgment and management of information regarding combating corruption and advocating integrity from the Internet. It is making efforts to enact laws and regulations on report websites and improve the acceptance mechanism and clue application and feedback system of the report websites in order to offer a convenient and unimpeded channel for the public to exercise their right of supervision through the Internet. Meanwhile, efforts are being made to strengthen the management, guidance and standardization of supervision by public opinion so as to ensure that supervision by public opinion operates along the orbit prescribed by the law.
As sunshine is the best antiseptic, transparency represents the best supervision of power. Since the 1980s, the Chinese government has proactively implemented the systems of making public government affairs, factory affairs, village affairs, as well as management of public enterprises and institutions. The Regulations of the People's Republic of China on Making Public Government Information and some other important statutory documents have been promulgated. The Regulations stipulate that government information, other than that related to state secrets, business secrets and personal privacy, should be made public in a timely and accurate manner, with the requirement of making public as the principle and holding back as the exception, to guarantee the people's right to know, participate, express and supervise. The party and state organs and governments of the provinces (including autonomous regions and municipalities directly under the central government) have all established the news release system and spokesmen/spokeswomen system. Most governments above the county level have established government websites. The state judicial organs have established the system of open administration of judicial affairs to ensure openness of court, procuratorial, police and prison affairs, supplying a firm guarantee for strengthening supervision over judicial activities. The CPC actively makes Party affairs public through promulgating and implementing the Opinions on Making Party Affairs Public at Grass-roots Organizations, improving the Party affairs, promptly announcing Party affairs, such as important decisions made by Party committees, selection and appointment of Party cadres and the implementation of stipulations on combating corruption and self-discipline measures by leading cadres who are Party members, thus expanding the channel for Party members to be informed of intra-Party affairs and express their individual opinions.
IV. Power Restraint and Supervisory System
On the principles of reasonable structure, scientific distribution, rigorous procedures and effective restraint, China is gradually establishing a sound power structure and enforcement mechanism featuring both restraint and coordination among decision-making power, executive power and supervisory power to promote procedural power exercise featuring transparency and strengthen restraint and supervision of power exercise. Now, a supervisory system with Chinese characteristics has been established, composed of intra-Party supervision in the CPC, supervision by the National People's Congress and the local people's congresses (NPCs), supervision within the governments, and democratic supervision by the Chinese People' s Political Consultative Conference National Committee and local people's political consultative conferences (CPPCCs), judicial supervision, supervision by the general public and supervision by public opinion. These relatively independent supervision mechanisms collaborate closely with one another to form an integrated force.
The intra-Party supervision of the CPC refers to supervision over leading organs of the CPC at all levels and leading cadres, especially principal leaders of leading bodies at all levels, by the CPC organizations at all levels and all Party members in accordance with the Party Constitution and other intra-Party regulations, as well as state laws. The CPC has been unremittingly exploring new measures and methods to enhance intra-Party supervision, and has further improved the 10 systems of intra-Party supervision, including those of collective leadership with individual responsibility in line with division of work, notification and report on important matters, democratic meetings of leading Party organizations, as well as question and inquiry. The Central Committee of the CPC and Party committees at the provincial level have all established inspection bodies to inspect and supervise leading organs of the subordinate Party organizations and their members with respect to the implementation of the Party's line, principles, policies, resolutions and decisions, as well as the implementation of the responsibility system in improving the Party's style of work, upholding integrity and combating corruption and their own efforts in being honest and diligent in performing their official duties. The CPC discipline inspection organizations provide unified leadership to their dispatched units to various organizations to strengthen supervision over the principal cadres of leading bodies of these organizations. Great efforts have been made to develop intra-Party democracy to create advantageous conditions for strengthening intra-Party supervision. Efforts have been made to improve the system of Party congresses so as to bring into better play the role of plenary sessions of the Party committees in making decisions on important matters, and implement and improve the system of the standing committees reporting their work to the plenary sessions of the Party committees regularly and receiving their supervision. Efforts have been made to reform and improve the intra-Party electoral system, define the scope and proportion of competitive recommendation of candidates and competitive election, and gradually expand the scope of direct election for members of leading bodies of grass-roots Party organizations. The Regulations of the Communist Party of China on Protecting the Rights of Party Members has been promulgated for implementation, and it has specified the procedure for Party members to exercise their rights as well as their rights to participate in the intra-Party supervision.
Supervision by the NPCs at all levels refers to supervision over state administrative organs and judicial organs as well as the enforcement of laws by state power organs on behalf of the state and people. The Constitution stipulates that all power in the People's Republic of China belongs to the people. The National People's Congress and the local people's congresses at various levels are the organs through which the people exercise state power. All administrative, judicial and procuratorial organs of the state are created by the people's congresses to which they are responsible and by which they are supervised. The people's congresses exercise various functions and powers of supervision conferred by law, and enhance supervision over the governments, courts and procuratorates as well as their staff by means of question, inquiry, law-enforcement inspection, hearing and review of working reports and budget examination to promote administration according to the law and judicial justice, and prevent and curb all corrupt phenomena.
Internal supervision of governments refers to hierarchical supervision and supervision by specific inspection and audit organs. The hierarchical supervision means supervision by governments and governmental departments at higher levels over those at lower levels, by governments over their various departments and by chief executives over their subordinates. The supervisory organs perform in full their statutory functions and responsibilities, conduct inspections on law enforcement, clean government and government efficiency, conduct supervision over the supervised bodies in their exercise of functions and powers, performance of duties as well as diligent and honest governance in accordance with the law. Auditing organs, in accordance with the law, exercise supervision over the implementation of budgets, final accounts and other fiscal incomes and payouts of the government. These forms of supervision play an important role in regulating administrative law enforcement, promoting administration in accordance with law and building a government under the rule of law.
Supervision by the CPPCCs at all levels is a form of supervision featuring Chinese characteristics. The CPPCC is an important organ of multi-party cooperation and political consultation under the leadership of the CPC. The CPPCCs conduct supervision over the implementation of the Constitution, state laws and regulations, important principles and policies, and performance of duties and observation of law and discipline by state organs and state functionaries by means of convening meetings, submitting motions, organizing CPPCC committee members on inspection tours and holding democratic appraisals. Party committees of the CPC and people' s governments at all levels all solicit opinions and suggestions from the CPPCCs at corresponding levels and other democratic parties before making crucial decisions and enacting important regulations.
Judicial supervision includes supervision by people's courts and people's procuratorates. Supervision by people's courts refers to supervision over the legality and fairness of the trials of people's courts conducted by the higher-level people's courts on lower-level people's courts and by the Supreme People's Court on all people's courts across the country. People's courts also monitor the legality of specific administrative actions of the governments by way of reviewing administrative cases. Supervision by people's procuratorates refers to legal supervision over litigation activities and misconduct of state functionaries. People's procuratorates exercise full-scale supervision over litigation activities in the case registration, investigation, trial, execution of penalties and management of inmates, and exercise supervision over state functionaries by way of investigating such duty-related crimes as embezzlement, bribery, dereliction of duty and infringement of others' rights.
The Constitution endows citizens with the rights to criticize, advise, appeal, lodge lawsuit against or impeach state organs and state functionaries. In China, the channel is unimpeded for citizens to be involved in the combat against corruption by means of impeaching and lodging lawsuit. The governments at all levels in China have set up special organs to handle letters and calls of complaints as well as opinions, suggestions and accusations from the people. Discipline inspection organs of the CPC at all levels, state procuratorial organs, government supervisory organs and audit organs have all established the offence reporting system, opened up offence reporting hotlines and set up offence reporting websites to take reports of misconduct and complaints from the people. The relevant departments, according to laws and discipline, investigate or transfer the clues of reported cases to departments concerned. The state attaches great importance to protecting the legitimate rights and interests of the informants while encouraging people to report on cases of corruption. Clear stipulations on protecting informants are provided in the Criminal Law, Criminal Procedure Law, Administrative Supervisory Law and intra-Party regulations of the CPC, ruling that the information about the informants must be kept confidential; disclosure of an informant's identification is strictly banned; and punishment will be meted to anyone who disclose an informant's identification and conditions and/or the reporting materials provided by the informant to the reported department or person, and anyone who retaliates on the informant.
China lays great store by supervision from public opinion. The right to interview and right to supervise through public opinion of news media, including newspapers, television and radio, are protected by law. News media are encouraged to expose unhealthy tendencies of all kinds and violations of law and discipline by Party and government organs as well as their functionaries. The government departments pay great attention to problems reported in the media, actively respond to social concerns and work out solutions in time to improve their work. In recent years, with the rapid development and popularity of the Internet, supervision through the Internet has become a new form of supervision by public opinion that spreads quickly, produces great influence and features a wider range of participation. China highly values the positive role played by the Internet in enhancing supervision, conscientiously strengthens the collection, research, judgment and management of information regarding combating corruption and advocating integrity from the Internet. It is making efforts to enact laws and regulations on report websites and improve the acceptance mechanism and clue application and feedback system of the report websites in order to offer a convenient and unimpeded channel for the public to exercise their right of supervision through the Internet. Meanwhile, efforts are being made to strengthen the management, guidance and standardization of supervision by public opinion so as to ensure that supervision by public opinion operates along the orbit prescribed by the law.
As sunshine is the best antiseptic, transparency represents the best supervision of power. Since the 1980s, the Chinese government has proactively implemented the systems of making public government affairs, factory affairs, village affairs, as well as management of public enterprises and institutions. The Regulations of the People's Republic of China on Making Public Government Information and some other important statutory documents have been promulgated. The Regulations stipulate that government information, other than that related to state secrets, business secrets and personal privacy, should be made public in a timely and accurate manner, with the requirement of making public as the principle and holding back as the exception, to guarantee the people's right to know, participate, express and supervise. The party and state organs and governments of the provinces (including autonomous regions and municipalities directly under the central government) have all established the news release system and spokesmen/spokeswomen system. Most governments above the county level have established government websites. The state judicial organs have established the system of open administration of judicial affairs to ensure openness of court, procuratorial, police and prison affairs, supplying a firm guarantee for strengthening supervision over judicial activities. The CPC actively makes Party affairs public through promulgating and implementing the Opinions on Making Party Affairs Public at Grass-roots Organizations, improving the Party affairs, promptly announcing Party affairs, such as important decisions made by Party committees, selection and appointment of Party cadres and the implementation of stipulations on combating corruption and self-discipline measures by leading cadres who are Party members, thus expanding the channel for Party members to be informed of intra-Party affairs and express their individual opinions.
V. Prevention of Corruption through System Reform and Institutional Innovation
Since the reform and opening-up drive was launched in 1978, especially since the beginning of the 21st century, China has adhered to the principle of controlling and combating corruption by way of development and reform. In view of the major fields and key links likely to breed corruption, vigorous efforts have been made to promote institutional reform and innovation, to establish new institutions and mechanisms that accord with the demands of the times and strive to prevent and control corruption at the very source.
Deepening the reform in the system of administrative examination and approval. The Chinese government has been going all out to push forward reform in the system of administrative examination and approval, and speed up the separation of the functions of government from those of enterprises, state asset management authorities, public institutions and market-based intermediaries to accelerate the transformation of the functions of the government. On the basis of comprehensively sorting out matters requiring administrative examination and approval, the state has sharply reduced or adjusted such matters. Since the reform of the administrative examination and approval system was launched in 2001, various departments of the State Council have canceled and adjusted over 2,000 items requiring administrative examination and approval, and the local governments canceled and adjusted in total over 77,000 items which used to come under this heading. The two numbers of items added up to over half of the former total of such items. As for the rest of the items, administrative service centers have been extensively set up to openly examine and approve them, an electronic monitoring system has been established to promptly monitor such examination and approval, and an accountability system and an information feedback mechanism have been established to enhance work efficiency and reduce the possibility of rent-seeking act of power.
Promoting the reform of the cadre and personnel system. China adheres to the principles of democracy, openness, competition and merit in establishing a scientific mechanism for selecting and appointing cadres as well as a management and monitoring mechanism in this regard, aiming at increasing public trust in its selection and appointment of cadres, and preventing and combating corruption at the very source in appointing cadres. By issuing in succession the Guidelines for Deepening Reform of the Cadre and Personnel System, Regulations on the Work of Selecting and Appointing Leading Party and Government Cadres, Supervisory Measures for the Selection and Appointment of Leading Party and Government Cadres (Trial), and Accountability Measures for the Selection and Appointment of Leading Party and Government Cadres (Trial), the CPC has drawn up a comprehensive plan for reforming the cadre and personnel system, made rigorous stipulations regarding basic principles, standards, procedures and methods for the selection and appointment of cadres, and tightened supervision over the work of cadre selection and appointment. We stick to the standards of political integrity and professional competence, with the former being the most important. We comprehensively press ahead with such systems as democratic recommendation and assessment, opinion polls, preliminary investigation report, public announcement before appointment, as well as systems of exchange of posts and recusal for cadres, and vigorously promote open selection and competition for posts, and spread and improve the system of appointing cadres to important positions by local Party committees through voting.
Deepening the reform of the judicial system and working mechanism. Aiming to safeguard judicial justice, in accordance with the principles of scientifically allocating the power of investigation, supervisory power, adjudicative power and enforcement power, China is establishing a fair, efficient and authoritative socialist judicial system. A police discipline inspection system has been established and the systems of people's assessors and people's supervisors have been implemented to expand judicial democracy and promote judicial openness. Supervision over judicial activities has been intensified, and the exercise of discretionary power by judicial officers has been regulated. The accountability system has been improved for those enforcing the law wrongly and acting against law and discipline so as to ensure judicial justice.
Promoting the reform of the fiscal management system. Since 1998 the Chinese government has proposed the goal of establishing public finance, actively promoted the reform of the fiscal management system, and deepened the reforms concerning openness of departmental budgets, centralized treasury payment system, the separated management of revenue and expenditure, government procurement, and regulated transfer payment. So far, China has included revenues from administrative fees, government-controlled funds, compensated use of state-owned resources and state capital operations in the budgets or the range of separated management of revenues and expenditure, ultimately attaining the goal of having all of them turned over to the state treasury. China has initially established the basic framework of departmental budgets suited to its national conditions, and comprehensive use of budgetary and extra-budgetary funds has been primarily realized, and the goal of "one budget for one department" has been achieved. The state promotes the reform of the work-related consumption system, such as use of vehicles for official duties and official receptions, to regulate work-related consumption by Party and government leaders. These measures have regulated the government's management of money matters, increased the transparency of fiscal management and effectively hold in check corruption in the management and use of fiscal funds.
Quickening the reform of the investment system. To prevent corruption in the field of investment, the Chinese government is striving to establish a new type of investment system which features market-led investment, independent decision making by enterprises, independent review of loans by banks, diversified forms of financing, standardized intermediary services and effective macro-control. In 2004, the State Council promulgated the Decision on the Reform of Investment System, making an overall plan for deepening the reform of the investment system. Through the reform, enterprises have been gradually assured to make their own decisions in investment. The state has established and constantly improved a monitoring system for government investments, improved the systems of public announcement and accountability for major government investment projects, and tightened supervision over investment intermediary agencies. As for projects undertaken with investments from the central budget, the agent system is being tried out by over two-thirds of provincial-level governments so far.
Promoting the reform of the financial system. China separates the business operations of the Central Bank from those of commercial banks, as well as of banks from those of securities firms and insurance companies, and detaches policy-based finance from commercial finance. Efforts have been made to constantly strengthen and improve macro financial control, establish and improve the separated financial regulatory systems for banking, securities and insurance industries, tighten financial oversight to gradually regulate the order of financial markets. The systems of information disclosure and credit rating have been established and improved to promote the rapid, healthy development of the financial markets in the country. Efforts have been made to press ahead with a series of major financial reforms towards introducing the shareholding system in state-owned commercial banks, restructuring of securities firms, and equity reorganization of joint venture insurance companies by injecting more funds from Chinese enterprises to gain control, to further improve the corporate governance structure, fully sort out and manage historically accumulated financial risks, and initially establish a system to protect investors. Positive efforts are being made to promote the establishment of a payment system, extend the use of non-cash payment tools, improve the system of real-name financial accounts, and effectively prevent and severely crack down on corruption activities by means of bank accounts, securities markets and capital operations. A basic database of the credit of enterprises and individuals across the country has been established, and work has been done to speed up the construction of a unified credit information platform of the financial sector. Work has been done to establish a series of systems, such as system of customer identification, system of report and record of large-sum and suspicious transactions so as to strengthen regulation over anti-money laundering. These reform measures have not only promoted the standardized, healthy development of the financial sector, but also helped ward off financial risks and corruption.
Establishing a system of allocating resources by the market. The Chinese government prioritizes improving systems and tightening supervision and regulation to prevent corruption in allotment of public resources, trade of public assets and manufacturing of public products. With regard to construction projects, efforts have been made to speed up the establishment of an integrated and standardized tangible market, improve the legal regime to regulate bid invitation and bidding activities. In the grant of land-use rights, a system of open competition is being carried out to grant the right to use land for construction purposes, while land for commercial use is granted by way of bidding, auction, and for-sale notification. From 2001 to 2009, the area of state-owned land granted through bidding, auction and for-sale notification had increased from 7.3% to 85.3% of the total land area granted. In transaction of property rights, the government rules that the principles of compensation for equal value, openness, fairness, justice and competition must be observed. Regarding government procurement, an operation mechanism featuring mainly public bidding has been enforced, saving over 300 billion yuan of fiscal funds from 2002 to 2009. In the area of mineral resources development, the regulations for bidding, auction or for-sale notification concerning the grant of the rights to prospect and exploit mineral resources have been implemented rigorously, and any acts going against law and discipline in mineral resources development are to be investigated and punished seriously.
VI. Handling Cases of Corruption in Accordance with Law and Discipline
It is a most direct and effective means to combat corruption by investigating and dealing with cases of corruption in accordance with law and discipline. Upholding the principle that everyone is equal before the law and discipline, the CPC and the Chinese government are serious in dealing with corruption among cadres who are Party members and state functionaries, maintaining a stern momentum in the checking of corruption.
China has prioritized cases of corruption to be investigated and handled in response to the different characteristics of corruption phenomena in different periods. In the 1980s, the crackdown was mainly aimed at serious economic crimes and speculative buying and selling by taking advantage of the double-track price system. In the 1990s, the focus was shifted to breaches of the law and discipline by Party and government leading organizations, administrative and law-enforcement departments, judicial organs, economic management departments, and leading cadres above the county (division) level. The emphasis was placed on investigating and dealing with cases of embezzlement, misappropriation of public funds, negligence and dereliction of duty, taking bribes and bending the law, and other official misbehavior and degeneration, and efforts were strengthened to investigate and deal with cases of corruption in the fields of finance, real estate and engineering construction. In the 21st century, while making continuous efforts to handle cases in the above-mentioned aspects, the focus has been shifted to investigating and dealing with cases in which leading cadres take advantage of their control over personnel affairs, judicial powers, right to administrative examination and approval, and right to administrative law enforcement to act in collusion with lawbreaking businessmen, trade power for money, and solicit and take bribes, cases in which leading cadres provide protective shield for underworld and evil forces, and cases of serious infringement on the interests of the people, and cases of corruption that cause mass disturbances and major accidents due to negligence.
The CPC's organs for discipline inspection and the government's supervisory departments have all along persisted in investigating and dealing with cases of corruption in accordance with the law and discipline, making efforts to ensure that the facts are clear, the evidence is irrefutable, the verdict is correct, the handling is appropriate, formalities are complete and the procedure is lawful. All the links have been strictly regulated, including reporting, acceptance of a complaint, preliminary examination, filing a case, investigation, trial, punishment, execution of punishment, and supervision and management of a case. The principle of handling all cases in a civilized and standard manner is upheld to safeguard the legitimate rights and interests of those who are under investigation, including the right of person, property right, right to defense, right of appeal and right to know.
The people's procuratorates can, in accordance with the law, directly file cases of job-related crimes committed by state functionaries for investigation, such as embezzlement, bribery, dereliction of duty and infringement on citizens' rights, and initiate public prosecution to the people's courts on behalf of the state. Accepting reports on such crimes and cases transferred from relevant departments, the procuratorial organs launch timely examinations and initial investigations of the clues of the reported crimes and materials regarding the cases. For those cases in which criminal facts are evident and criminal liability needs to be prosecuted, the procuratorial organs file them for investigation in accordance with legal procedures, and ascertain the criminal facts of the suspects in accordance with the law. Following the conclusion of investigation, the procuratorial organs shall deal with them in accordance with the law on the basis of ascertained facts and evidence. For those cases of which there are verified facts and ample evidence and for which criminal liability needs to be prosecuted in accordance with the law, the departments of the people's procuratorates dealing with embezzlement, bribery, dereliction of duty and infringements on rights shall transfer them to the departments in charge of public prosecution for examination before the latter initiate legal proceedings in the people's courts. From 2003 to 2009, the people's procuratorates at all levels filed for investigation more than 240,000 cases of embezzlement, bribery, dereliction of duty and infringements on rights. Battling the crime of taking bribes, China has improved a database on criminal records of bribery, and intensified efforts in punishing and preventing crime of bribery. In 2009, some 3,194 people were punished for their criminal liability in offering bribes.
As the judicial organs of the state, the people's courts exercise juridical power independently in accordance with the law. In China, no person shall be found guilty without being judged as such by a people's court in accordance with the law. For cases of corruption that the procuratorial organs have initiated legal proceedings in accordance with the law, such as embezzlement, bribery or dereliction of duty, the people' s courts shall try them in accordance with the law and make sentences in line with the principles of prescribing punishments for specified crimes, equality of all before the law, and compatibility of crime, responsibility and penalty. All cases handled by the people's courts shall be heard in public, except for those involving state or business secrets, privacy or minors. The people's courts shall safeguard the procedural rights to which participants in the legal proceedings are entitled by law, and ensure that the accused enjoy fully the right of defense. During trials of corruption cases, the people's courts shall adhere to the principle that all are equal before the law, no matter how important the posts those are accused of committing corruption hold or used to hold. Anyone whose acts of corruption constitute crimes shall be convicted and punished in accordance with the law. No privilege beyond the law is permissible, nor should the punishment be aggravated beyond the maximum prescribed by law because of their special social status or pressure from the public.
To ensure accurate application of the law and unify judicial standards, the Supreme People's Court and the Supreme People's Procuratorate have timely issued relevant judicial interpretations in accordance with the law on the basis of summing up experience in hearing of and initiating public prosecution for cases related to corruption, such as embezzlement, bribery and dereliction of duty, so as to promptly solve newly emerging problems in the work of trial and public prosecution. This has played an important role in directing people's courts and people's procuratorates at all levels to handle such cases properly.
China has launched a campaign to combat bribery in business. In recent years, major efforts have been made to deal with cases of commercial bribery in six major areas, namely, engineering construction, grant of the land-use right and mineral resources exploration and mining right, trade of property rights, purchasing and marketing of drugs, government procurement, and development of and deals in resources, as well as those related to bank credit, securities and futures, commercial insurance, publishing and distribution, sports, telecommunications, electric power, quality control and environmental protection. In addition, crackdown has also been launched on cross-border commercial bribery in accordance with the law and discipline. From 2005, when the special campaign against commercial bribery was launched, to 2009, over 69,200 cases of commercial bribery had been investigated and dealt with, involving 16.59 billion yuan in total.
The Chinese government has made the rectification of unhealthy practices that harm the interests of the people one of major tasks in the fight against corruption. A special campaign has been launched to clamp down on arbitrary price hikes, charges, fines and requisition of donations that harm the interests of the people in some localities and departments. Meanwhile, special inspection and other measures have been adopted to rectify problems infringing upon the interests of the people in rural land expropriation, urban resettlement, restructuring of state-owned enterprises, purchases and sales of drugs and medical services, as well as the problem of wage defaults haunting rural migrant workers. The state has speeded up the steps of reform, abolished agricultural tax and charges for compulsory education, and adopted a series of measures in the reforms of the educational and health-care systems, thereby creating favorable conditions for rectifying unhealthy practices that harm the interests of the people.
The Chinese government has gradually strengthened the administrative accountability system, with the chief executive as the core, to fight against unjust law enforcement, administrative acts in violation of the law, disobeying orders and defying prohibitions, administrative inaction and chaos, and earnestly fix responsibility for cases that seriously infringe on the interests of the state and the public and the citizens' lawful rights and interests in accordance with the law and discipline. In 2009, the Interim Provisions on the Implementation of Accountability for Party and Government Leading Cadres was issued, stating explicitly that responsibility must be fixed for seven types of acts that incur heavy losses or produce baneful influences, including serious mistakes in decision making, dereliction of duty, and ineffective management and supervision. In 2009, some 7,036 leading cadres were held responsible for such acts.
VII. Education in Clean Government and Construction of the Culture of Integrity
Education is a basic work for the fight against corruption and construction of a clean government. Over the years, China has unremittingly carried out education among state functionaries in performing official duties with integrity and strengthened the construction of a culture of integrity throughout the country to enhance in state functionaries a sense of integrity and self-discipline and foster throughout the society the fine tradition of upholding integrity.
China makes educating Party members and state functionaries in state laws and regulations as well as Party and government discipline a routine work in anti-corruption education. The Politburo of the CPC Central Committee regularly organizes group studies of the law, which has played an exemplary role in enhancing the legal awareness of the general public, especially Party members and state functionaries. It has now become a rule for Party organizations at all levels and state organs to hold group studies. The Chinese government energetically promotes nationwide education in general knowledge of the law. Since 1986, it has successively carried out five five-year plans of such education among all citizens, especially state functionaries, with over 800 million people receiving such education in different forms, thus enhancing the awareness of the general public in the rule of law and the sense of the state organs and state functionaries in accepting supervision during their performance of official duties.
China attaches importance to education and training in integrity among state functionaries, fortifying in them the ideological and moral defense line against corruption. The Regulations for Cadre Education and Training (Trial) and a nationwide plan for cadre education and training have been worked out, which designate education in performing official duties with integrity as a key content of such education and training. Education in performance of official duties with integrity has been incorporated into the teaching plans of the CPC's Party schools and the government's schools of administration at all levels, as well as other organizations of cadre training, making it a required course for leading cadres of all levels. China has established 50 national bases for education in clean government and compiled related textbooks, and has carried out targeted on-the-job education and training in this regard. Training in performance of official duties with integrity has been held for newly elected or appointed leading cadres and newly recruited state functionaries before they take their offices, and files have been established for such training. In some provinces (autonomous regions, municipalities directly under the central government), examinations in laws and regulations related to clean government are held for those before they are selected to take leading positions, and passing such examinations has been taken as one important qualification for such positions. As a measure of precaution, talks related to clean government will be held with the would-be leading cadres before they assume office.
China emphasizes the demonstrative education with examples and admonishing education. It publicizes exemplary Party members and state functionaries and their deeds through news media, films and TV programs, and holding meetings to publicize their meritorious deeds. By compiling educational materials of typical cases, shooting films warning people against corrupt behavior, establishing education bases, holding relevant exhibitions and organizing corrupt officials to give speeches from their own experiences, it whets Party members, cadres and state functionaries' awareness against corruption. It also uses typical cases to educate people, thereby punishing one as an example to others.
China devotes major efforts to promoting the construction of a culture of integrity, advocating the moral values honoring integrity and disgracing corruption. The Opinions on Strengthening Construction of a Culture of Integrity has been worked out to promote the culture of integrity in offices, communities, households, schools, enterprises and rural villages. Attention has been paid to carrying on the quintessence of the culture of integrity in the fine traditions of Chinese nation and presenting the rich connotations of the integrity culture by means of literature and art, films and TV series, calligraphy and painting exhibitions, and ads for public good. A number of outstanding works advocating the culture of integrity have been produced and they give expression to inspiring themes, the spirit of the times and humane care. Rich in content and varied in form, these cultural activities are popular among the people, and they sing praises of the Chinese nation's fine tradition of upholding integrity, showcase fruitful achievements in the construction of integrity culture, and further promote the development of such construction.
China attaches importance to education among youngsters in integrity by offering such courses in many primary and secondary schools, and universities, supplying relevant teaching materials, and specialized teachers sometimes. Meanwhile, full use is made of such extracurricular activities as summer and winter camps for primary and high school students, and social practices and campus cultural construction for university students to carry out education in integrity, so as to foster among youngster the fine moral values of being incorruptible, honest and law-abiding as well as the sense of the rule of law.
VIII. International Exchanges and Cooperation in Combating Corruption
With the rapid development of economic globalization, corruption has shown the tendency of becoming more organized and transnational. It is the consensus of all countries and regions in the world to strengthen international exchanges and cooperation in combating corruption, to which China attaches great importance. It proposes to enhance cooperation with other countries, regions and relevant international organizations, learn from one another and jointly combat corruption in the principle of respecting each other's sovereignty, equality and mutual benefit, respecting differences and placing emphasis on substantial results.
China, enhancing international exchanges and cooperation with other countries, regions and relevant international organizations, has become an important force in the international anti-corruption campaign. So far, China has signed 106 judicial assistance treaties with 68 countries and regions. It has established the China-US Joint Liaison Group on Law Enforcement Cooperation and an anti-corruption panel with the United States. It has also set up a bilateral Law Enforcement and Judicial Cooperation Consultations with Canada. The CPC Central Commission for Discipline Inspection and the Ministry of Supervision of China have engaged in friendly exchanges with anti-corruption institutions in more than 80 countries and regions, and concluded cooperation agreements with relevant institutions in eight countries, including Russia. Multi-field exchanges and cooperation have been carried out with such international organizations as the United Nations, European Union, World Bank, Asian Development Bank (ADB) and Organization for Economic Cooperation and Development (OECD). China has also actively participated in anti-corruption cooperation within the framework of the G20 and Asia-Pacific Economic Cooperation (APEC). The Supreme People's Procuratorate has signed procuratorial cooperation agreements with relevant institutions in more than 80 countries and regions. The Ministry of Public Security has established 65 round-the-clock hotlines with relevant institutions of 44 countries and regions, and concluded 213 cooperation documents with interior or police departments of 59 countries and regions.
To promote international exchanges and cooperation in combating corruption, China acceded to the United Nations Convention against Corruption in 2005. In order to fulfill its obligations, China established an inter-department coordination group consisting of 24 government departments to organize and coordinate the implementation of the convention in China and the integration of Chinese laws and the convention. In 2006, the Law of the People's Republic of China on Anti-money Laundering was promulgated to prevent and contain money laundering and relevant crimes. China has, in succession, acceded to four international anti-money laundering conventions, and become a member of the Financial Action Task Force on Money Laundering, the Eurasian Group on Combating Money Laundering and Financing of Terrorism and the Asia/Pacific Group on Money Laundering. In 2007, the National Bureau of Corruption Prevention of China was established to carry out international cooperation and technical assistance on corruption prevention.
China also actively participates in other international anti-corruption organizations, and attends and hosts international anti-corruption meetings. In 1996, China, Pakistan and other countries jointly set up the Asian Ombudsman Association. In 2003, China acceded to the UN Convention against Transnational Organized Crime, the first such international convention. In 2005, China joined the Anti-Corruption and Transparency Experts Task Force of the Asia-Pacific Economic Cooperation Forum and the ADB/OECD Anti-Corruption Initiative for Asia-Pacific. In 2006, the Supreme People's Procuratorate initiated the International Association of Anti-Corruption Authorities (IAACA), the first such international organization, whose members are anti-corruption agencies of various countries and regions. In recent years, China has successfully held many international meetings, including the 7th International Anti-Corruption Conference (IACC), the 7th Asian Ombudsman Conference, the 5th Regional Anti-Corruption Conference for Asia and the Pacific, the 1st Annual Conference and General Meeting of the IAACA and the APEC Anti-Corruption and Transparency Symposium. China has also participated several times in such international anti-corruption conferences as the Global Forum on Fighting Corruption and Safeguarding Integrity, the Global Forum on Government Reform and the IACC.
Extradition and repatriation of corruption suspects is an important part of international anti-corruption cooperation. In 1984, China acceded to the International Criminal Police Organization, and enhanced international cooperation in catching corruption suspects fleeing abroad. In 2000, China promulgated the Extradition Law of the People's Republic of China, which laid the legal foundation for extradition cooperation between China and other countries. So far, China has concluded bilateral extradition agreements with 35 countries, and acceded to 28 multilateral conventions which contain provisions of judicial assistance and extradition. China conducts international judicial cooperation, including extradition, with more than 100 countries in accordance with the United Nations Convention against Corruption and the UN Convention against Transnational Organized Crime.
Conclusion
The CPC and the Chinese government have been making great efforts to combat corruption and build a clean government, which has yielded notable results. Practice over the past few decades has proved that the path of combating corruption and building a clean government with Chinese characteristics conforms to the fundamental reality that China is still in the primary stage of socialism. It also conforms to the wish of people of all ethnic groups in China as well as the rule in fighting corruption and safeguarding integrity. We believe that, with the constant improvement of and progress made in China's socialist market economy, socialist democracy, legal system, society and culture, the CPC and the Chinese government will, relying on their own strengths and the support of the Chinese people, minimize crimes of corruption. The prospect of combating corruption and building a clean government in China is bright. x It is the common aspiration of all humanity and the common task faced by all governments and parties to combat corruption and safeguard integrity. It is also the basic policy of the Chinese government to strengthen international anti-corruption exchanges and cooperation. China will continue to play a positive role in international and regional anti-corruption exchanges and cooperation and endeavor, together with other countries, to build a clean, just, harmonious and fine world.
Link to Government of China ( English | Chinese)
Click here for a listing of PRC-issued white papers on various topics.
Featured Articles
October 20, 2024
October 20, 2024
Please join us for the Grad Mixer! Hosted by USC Annenberg Office of International Affairs, Enjoy food, drink and conversation with fellow students across USC Annenberg. Graduate students from any field are welcome to join, so it is a great opportunity to meet fellow students with IR/foreign policy-related research topics and interests.
RSVP link: https://forms.gle/1zer188RE9dCS6Ho6
Events
Wednesday, November 20, 2024 - 3:00pm
Hosted by USC Annenberg Office of International Affairs, enjoy food, drink and conversation with fellow international students.
Thursday, November 7, 2024 - 4:00pm
Join us for an in-person conversation on Thursday, November 7th at 4pm with author David M. Lampton as he discusses his new book, Living U.S.-China Relations: From Cold War to Cold War. The book examines the history of U.S.-China relations across eight U.S. presidential administrations.