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China 's anti-corruption mechanisms for international cooperation

Author: ZhuZuo
Tutor: ZhangGuangJie
School: Fudan University
Course: Legal
Keywords: corruption anti-corruption international cooperation mechanism
CLC: D924.392;D925.2
Type: Master's thesis
Year: 2010
Downloads: 70
Quote: 0
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Abstract


With the globalization of economy and politics, corruption is no longer a local matter but a transnational phenomenon that affects all societies and economies. A lot of countries have already realized that it can be controlled and punished effectively only by means of full and overall international cooperation, and hence there rises a trend that the whole world cooperates to fight against corruption. The case of China, along with the augment of cracking down on corrupt crimes in China, the fleeing abroad of corrupt officials and the outflow of corrupt money has become the new characteristic of the corrupt crimes in China. To crack down on this kind of crimes has become the main emphasis of the anticorruption work in China. To efficiently crack down on the fleeing abroad of corrupt officials, we have to strengthen international cooperation. The paper emphasizes the study on Chinese international cooperation against corruption on this stage and the improvement of cooperation mechanism correspondingly. We hope we can construct and improve international anti-corruption cooperation mechanism which is suit for the current stage of China’s political, economic and cultural characteristics.This paper is divided into three chapters, as follows.The first chapter is the examination of the legislation and judicial practices of cooperation against corruption in international communities. This thesis described the anti-corruption mechanism of the international community in four levels, that is, the anti-corruption framework centered around the United Nations, some professional organizations or interregional countries, and the agreement on cooperation between the two countries. This thesis focuses on the United Nations Convention against Corruption (here in after called as the Convention). As the first legal document against corruption in the history of the UN, it sets up a complete legal system of international anti-corruption. It also has offered a platform for the international anti-corruption cooperation.The second chapter reviews the development of international cooperation against corruption and the legal barriers existing in anti-corruption cooperation between China and other countries. This thesis analyzes the existing problems and barriers, including some differences in political system, human rights theory and legal system, undue dependence on international conventions and the International Criminal Police Organization, as well as shortages in relevant laws and regulations. The third chapter discusses the construction and improvement of China’s international anti-corruption cooperation mechanism. This chapter aimed at the existing problems and legal barriers in international cooperation against corruption. From this view, this thesis’s reference is given on four areas, namely, carrying out the Convention’s spirit in Chinese criminal substantive laws and procedure laws, improving mechanism of extradition and booty recovery in the field of international cooperation anti-corruption, and some relevant laws and regulations.

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